humboldt county board of commissioners october 15, 2018 ... · 9:30 am: humboldt county courthouse...

Humboldt County Board Of CommissionersOctober 15, 2018

Notice of Public MeetingHUMBOLDT COUNTY BOARD OF COMMISSIONERS

Humboldt County Board of Commissioners Regular MeetingMonday, October 15, 2018

9:30 AM:

Humboldt County Courthouse Meeting Room 20150 West Fifth Street, Winnemucca, Nevada 89445

All times on this agenda are approximate. Consideration of items may require more or less timethan is scheduled. Items on the agenda may be taken out of order; the public body may combinetwo or more agenda items for consideration; and the public body may remove an item from theagenda or delay discussion relating to an item on the agenda at any time. Public comment isdesignated for discussion only. The public has the opportunity to address the Commission on anymatter not appearing on the agenda; however, no action may be taken on Matter raised until thematter itself has been specifically included on the agenda as an item upon which action may betaken. Additionally, public comment may be heard on any item listed on the Agenda. Persons areinvited to submit comments in writing and/or attend and make comments on any agenda item at theCommission meeting. All public comment may be limited to three (3) minutes per person, at thediscretion of the Commission.

Agenda - Monday, October 15, 2018

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENT - General public comment is designated for discussion only. The public has theopportunity to address the Commission on any matter not appearing on this agenda; however, noaction may be taken on a matter raised until the matter itself has been specifically included on theagenda as an item upon which action may be taken.

4. APPROVAL OF MINUTES (FOR POSSIBLE ACTION) - Discussion and action oncorrection/approval of minutes for February 1, 2016; March 28-29, 2016; April 18, 2016; May 2, 2016;August 15, 2016; October 3, 2016; October 17, 2016: October 27, 2016 (Special-Liquor License);November 15, 2016: November 28, 2016; December 12, 2016 (Joint); January 3, 2017; January 17,2017 (Joint); January 30, 2017 (Retreat); February 6, 2017 (Special): February 21, 2017; March 6,2017; March 20, 2017; March 27, 2017 (Budget Hearing); April 3, 2017; April 10, 2017 (Special/6thJudicial); April 17, 2017; May 1, 2017 (Joint); May 15, 2017; June 5, 2017; June 19, 2017; July 10,2017; August 7, 2017 (Joint); August 21, 2017; September 18, 2017; October 9, 2017; December 11,2017 (Joint); January 16, 2018; January 29, 2018 (Retreat); February 5, 2018 ; February 20, 2018;

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March 5, 2018; April 2, 2018 (Budget Hearing); April 9, 2018; June 18, 2018; July 2, 2018; July 16,2018: August 6, 2018 and August 20, 2018. Discussion and Possible Action. 4.A. Minutes

5. APPROVAL OF EXPENDITURES FOR HUMBOLDT COUNTY FOR SEPTEMBER 29, 2018THROUGH OCTOBER 12, 2018 (FOR POSSIBLE ACTION) 5.A. Expenditures

6. MISCELLANEOUS REPORTS AND CORRESPONDENCE -

1)Other information and upcoming meetings

November 8, 2018 Regional Planning Commission November 12, 2018 Regional Airport Board Meeting November 13, 2018 Humboldt County Commission Meeting November 26, 2018 Humboldt County Commission Meeting

2)Reports from Commissioners regarding other Boards and Committees on which they serve,including National Wild Horse & Burro Advisory Board, Nevada Association of Counties (NACO),Regional Airport Board, Humboldt River Basin Water Authority (HRBWA), Western Interstate Region(WIR), Legislative Interim Land Council, Humboldt Development Authority (HDA), WinnemuccaVisitors & Convention Authority (WCVA), Hospital Board, Humboldt Foundation, NortheasternNevada Regional Development District (NNRDA), Humboldt County Elk Planning SteeringCommittee, Paradise Conservation District and the State Land Use Planning Advisory Council(SLUPAC).

7. CONSENT AGENDA (ANY ITEM APPEARING ON THE CONSENT AGENDA CAN BE PULLEDDOWN AND DISCUSSED IN DETAIL)(FOR POSSIBLE ACTION) -

Tax Roll Adjustments:

Kent & Mary Legarza Arrien Trust (APN02-0061-19)(A credit of $225.28 for FY 2018-19) Kent & Mary Legarza Arrien Trust (APN02-0061-21)(A credit of $292.06 for FY 2018-19) Paradise Valley Community Inc (APN 04-0531-26)(A refund of $1706.56 for FY 2018-19)(A credit of

$5,115.00 for FY 2018-19) Rebecca Beck (APN 06-0283-15)(A refund of $244.84 for FY 2018-19)

7.A. Consent02-0061-19 Roll Adjustment.pdf

02-0061-21 Roll Adjustment.pdf

04-0531-26 Roll Adjustment.pdf2

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/251634/02-0061-19_Roll_Adjustment.pdf





8. SHERIFF: LIQUOR BOARD (FOR POSSIBLE ACTION) - Consideration discussion and possibleapproval of a special liquor license for Jennifer Karrer for Jeep Junkies for Northern Nevada and it is athree (3) day event – Oct. 19, 20, 21, 2018. Discussion and possible action.8.A. Liquor Board

Liquor Board 10-15-18.pdf

9. HUMBOLDT COUNTY EMPLOYEES ASSOCIATION (HCEA) COLLECTIVE BARGAININGAMENDED AGREEMENT FOR 2018-2020 (FOR POSSIBLE ACTION) - Consideration, discussionand possible approval of an amended Collective Bargaining Agreement between Humboldt Countyand the Humboldt County Employees Association (HCEA) for the 2018-2020 term. Discussion andpossible action.9.A. 2018-2020 Agreement between the County of Humboldt and the Humboldt County Employees

Association (Amended)Final Amended with Markup - 2018-2020 Agreement between the County of Humboldt and theHumboldt County Employees Association.pdf

Final Amended No Markup - 2018-2020 Agreement between the County of Humboldt and theHumboldt County Employees Association.pdf

10. BUILDINGS & GROUNDS CAPITAL PURCHASES (FOR POSSIBLE ACTION) - Consideration,discussion and possible approval for the Humboldt County Buildings & Grounds department tocomplete the following Capital purchases that were approved during the 2018-19 FY Budget.Discussion and possible action.

Adult Detention Center: Unimac 65# Washer Extractor from Laundry Systems of Nevada, Inc in the amount of $12,269.00

for the Adult Detention Facility.

Child Support Building: Re-Stucco Child Support Building in an amount not to exceed $12,000 by Loyola Plastering.

Amount includes the rubber composite material.

Courthouse: Paint interior of old Courthouse side building in an amount not to exceed $22,214.00 by Pristine

Painting. Requested quotes from other vendors, but received only Pristine proposal.

10.A. B&G: Capital PurchasesCap Purch Pkg-Wash Mach-for App and Sig.pdf

Memo and attachment.pdf

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/252136/Liquor_Board_10-15-18.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/252193/Final_Amended_with_Markup_-_2018-2020_Agreement_between_the_County_of_Humboldt_and_the_Humboldt_County_Employees_Association.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/252194/Final_Amended_No_Markup_-_2018-2020_Agreement_between_the_County_of_Humboldt_and_the_Humboldt_County_Employees_Association.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/252142/Cap_Purch_Pkg-Wash_Mach-for_App_and_Sig.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/252143/Memo_and_attachment.pdf


11. PUBLIC WORKS DEPARTMENT: GENERAL ROAD PROJECTS (FOR INFORMATION ONLY) - Apresentation by Humboldt County Public Works Director Ben Garrett to update the Board on Roadprojects within Humboldt County, however, no action may be taken on a matter raised until thematter itself has been specifically included on the agenda as an item upon which action may betaken.

12. PROCLAMATION: DOMESTIC VIOLENCE AWARENESS MONTH 2018 (FOR POSSIBLE ACTION) - Consideration and possible action to proclaim October 2018 Domestic Violence Awareness Monthin Humboldt County. The U.S. Government has designated the month of October as DomesticViolence Awareness Month and the Winnemucca Domestic Violence Services is planning a series ofevents to honor fallen victims, and to encourage both batterers and battered individuals to seek thehelp they need. Discussion and possible action.12.A. PROCLAMATION: DOMESTIC VIOLENCE AWARENESS MONTH 2018 (FOR POSSIBLE

ACTION)2018 Domestic Violence Awareness Month.pdf

13. LETTER OF SUPPORT FOR GRANT FROM NEVADA OFF-HIGHWAY VEHICLES PROGRAM(FOR POSSIBLE ACTION) - Consideration, discussion and possible approval of a letter of supportfrom the Humboldt County Board of Commissioners to the Nevada Off-Highway Program in support ofthe Northern Nevada ATV Association in their efforts to solicit a grant to enhance the Sand Dunesrecreation area north of Winnemucca on US-95. Discussion and possible action.13.A. Support Letter

2018-10-03 NNRTV Grant Support Letter.pdf

14. AMICUS BRIEFING UPDATE REGARDING WALKER RIVER (FOR POSSIBLE ACTION) -Consideration, discussion and possible approval to join the Humboldt River Basin Water Authority(HRBWA) and Eureka County in filing an Amicus briefing with reference to the Walker River waterrights issue before the Nevada Supreme Court. Discussion and possible action.

15. FUTURE AGENDA ITEMS

16. PUBLIC COMMENT: - Public Comments: General public comment is designated for discussiononly. The public has the opportunity to address the Commission on any matter not appearing on thisagenda; however, no action may be taken on a matter raised until the matter itself has beenspecifically included on the agenda as an item upon which action may be taken.

17. ADJOURNMENT

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/251645/2018_Domestic_Violence_Awareness_Month.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/251647/2018-10-03_NNRTV_Grant_Support_Letter.pdf


NOTICE: The County Com m ission m ay close the m eeting to receive inform ation from legal counsel pursuant toNevada Revised Statutes 241.015

CERTIFICATE OF POSTING

PLACES POSTED: Humboldt Co. Courthouse, 50 W. 5th St.: Rooms 201, 205, & 207 at ___________ A.M. By :____________________________________________

Humboldt County Library : 85 E. 5th St. at ___________ A.M. By :__________________________________________________________________

County Annex: 4th & Bridge St. at ___________ A.M. By :________________________________________________________________________

Winnemucca City Hall: 4th & Melarkey St. at _____________ A.M.By : ______________________________________________________________

Humboldt County Website: www.hcnv .us at _____________A.M. By : ______________________________________________________________

State of Nev ada Website: www.notice.nv .gov . ____________ A.M. By : ______________________________________________________________

MEETING DATE: October 15, 2018 POSTED BY: _______________________________________________

DATE POSTED: ___________________________ Karen Bannister, Administrativ e Assistant

NOTE FOR SUPPORTING MATERIAL: A copy of the supporting material f or the meeting may be obtained at Commissioner meeting/agendas on the Humboldt Countywebsite: www.hcnv .us or by contacting Dav e Mendiola, County Administrator, at 50 W. Fif th Street, Winnemucca, Nev ada 89445, (775) 623-6300

NOTICE TO PERSONS WITH DISABILITIES - Reasonable ef f orts will be made to assist and accommodate phy sically disabled persons desiring to attend the meeting. Please call the Humboldt County Administrator’s Of f ice at 623-6300 in adv ance so that arrangements may be conv eniently made.

EQUAL OPPORTUNITY NOTICE - Humboldt County is an Equal Opportunity Employ er and will not discriminate against employ ees or applicants f or employ ment orserv ices in an unlawf ul manner.

NON-DISCRIMINATION STATEMENT - In accordance with Federal civ il rights law and U.S. Department of Agriculture (USDA) civ il rights regulations and policies, theUSDA, its Agencies, of f ices, and employ ees, and institutions participating in or administering USDA programs are prohibited f rom discriminating based on race, color,national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability , age, marital status, f amily /parental status, income deriv ed f rom apublic assistance program, political belief s, or reprisal or retaliation f or prior civ il rights activ ity , in any program or activ ity conducted or f unded by USDA (not all basesapply to all programs). Remedies and complaint f iling deadlines v ary by program or incident.

Persons with disabilities who require alternativ e means of communication f or program inf ormation (e.g., Braille, ;large print, audiotape, American Sign Language, etc)shouldContact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (v oice and TTY) or contact USDA through the Federal Relay Serv ice at (800) 877-9339.Additionally , program inf ormation may be made av ailable in languages other than English.

To f ile a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, f ound online at http://www.ascr.usda.gov /complaint_f iling_cust.html and at any USDA of f ice or write a letter addressed to USDA and prov ide in the letter all of the inf ormation requestedin the f orm. To request a copy of the complaint f orm, call (866) 632-9992. Submit y our completed f orm or letter to USDA by :

(1) Mail: U.S. Department of Agriculture Of f ice of the Assistant Secretary f or Civ il Rights 1400 Independence Av enue, SW Washington, D.C. 20250-9410;(2) f ax: (202) 690-7422: or(3) email: [email protected]

USDA is an equal opportunity prov ider, employ er, and lender.

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http://www.hcnv.us

http://www.notice.nv.gov

http://www.ascr.usda.gov/complaint_filing_cust.html

mailto:[email protected]

Agenda Item No:4.A

Humboldt County Board of Commissioners Agenda Item ReportMeeting Date: October 15, 2018Submitted by: Dave MendiolaSubmitting Department: Item Type: ClerkAgenda Section: APPROVAL OF MINUTES (FOR POSSIBLE ACTION)

Subject:Minutes

Suggested Action:

Attachments:

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Agenda Item No:5.A

Humboldt County Board of Commissioners Agenda Item ReportMeeting Date: October 15, 2018Submitted by: Dave MendiolaSubmitting Department: Item Type: Administrator’s ReportAgenda Section: APPROVAL OF EXPENDITURES FOR HUMBOLDT COUNTY FOR SEPTEMBER 29, 2018THROUGH OCTOBER 12, 2018 (FOR POSSIBLE ACTION)

Subject:Expenditures

Suggested Action:

Attachments:

7

Agenda Item No:7.A

Humboldt County Board of Commissioners Agenda Item ReportMeeting Date: October 15, 2018Submitted by: Dave MendiolaSubmitting Department: Item Type: Administrator’s ReportAgenda Section: CONSENT AGENDA (Any item appearing on the Consent Agenda can be pulled down anddiscussed in detail)(FOR POSSIBLE ACTION)

Subject:Consent

Suggested Action:

Attachments:02-0061-19 Roll Adjustment.pdf




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Humboldt County Real Roll Adjustment Form

Date: September 26, 2018 Parcel Number: 02-0061-19 Taxpayer: ARRIEN KENT & MARY LEGARZA TRST

Fire District: 6.0 Date changed on the roll: Initials of person that made the change:

Assessor's Office Explanation of Changes: The QroQert~ was sold from a Qrivate owner to Humboldt Count~ right after the tax roll closed.

Current Proposed Current Proposed Current Proposed

Fiscal Tax Year(s) 2018-2019

Net Ass'd Value 8,900 New Value

PYGAVO

Personal Property

Exemptions 8,900

TV Adj. (+I-)

Landfill Adj. (+I-)

Refund or Credit Amount

Please note: Just because an adjustment is made to the assessed value, it does not necessarily mean actual taxes will be affected.

This is due to abatements and whether or not the prior year's gross assessed value is altered by the change.

~ By:~ -r:fdl"r:IL Assessor's Recommendation: Approval

Denial II Wj' ~ \./

Treasurer's Recommendation: X Approval By ~~1\Woi\'Wf)tS' Denial

*If approved this taxpayer wi ll receive a total refund/ - - v' credit of &21-CS. 2!0 for the years indicated above.

The Humboldt County Board of Commissioners does hereby approve I deny the above-mentioned

changes to the Humboldt County Real Property Tax Roll.

Date:

Chairman, Board of Commissioners

Copies to be returned to:

County Auditor Commissioner Commissioner

County Assessor -County Treasurer

Commissioner Commissioner

Board's notes/comments: 9


Date: September 26, 2018 Parcel Number: 02-0061-21 Taxpayer: ARRIEN KENT & MARY LEGARZA TRST


Assessor's Office Explanation of Changes: The (2ro(2erty was sold from a (2rivate owner to Humboldt County right after the tax roll closed.

Current Proposed Current Proposed Current Proposed Fiscal Tax Year(s) 2018-2019

Net Ass'd Value 7,729

New Value

PYGAVO

Personal Property 1,341

Exemptions 7,729 TV Adj. (+/-) Landfill Adj. ( +/-)



This is due to abatements and whether or not the prior year's gross assessed value is altered by the change .

Assessor's Recommendation: ~ Approval By;L .d -(L aLa C/~~-

Denial /fW/' \.._.,.(, \.../

Treasurer's Recommendation: .; Approval By: IDC&->xt ~'Yr.PtDI(( Denial

*If approved this taxpayer will receive a total -- refund/ v credit of $ 2..<12. {)/.p for the years indicated above.


changes to the Humboldt County Real Property Tax Roll. -

Date:




County Assessor

County Treasurer


Board's notes/comments: - -10


Date: September 21, 2018 Parcel Number: 04-0531-26 Taxpayer: PARADISE VALLEY COMMUNITY INC


Assessor's Office Explanation of Changes: The subject (2ro(2ert~ gualifies for 12ro12ertv tax exem12tion (2ursuant to NRS 361.140. It was unclear as to the gualification for exem(2tion until all12a12erwork was received when the 12ro12ert~ went on the tax roll. Now that all12a12erwork has been 12rovided it has been determined that the~ gualiti for the exem12tion and are entitled to a full refund.

Current Prop_osed Current Proposed Current Proposed Fiscal Tax Year(s) 2018-2019

Net Ass'd Value 287,087

New Value 152,735

PYGAVO

Personal Property

Exemptions 287,087

TV Adj. {+/-) Landfill Adj. ( +/-)

Refund or Credit Amount -


This Is due to abatements and whethe'"' not the prio' yea,.s gmss assessed value Is alle<ed by the change. L . .L1 --~ Assessor's Recommendation: Approval F dffa--

Denial /(WI ~ \..../

Treasurer's Recommendation: I Approval By: ~\.J\\";W6) Is= Denial

\2.: Sb I , '10.:.. 60

*If approved this taxpayer will receive a total "' refund/ ~credit of C..·~, 11'?.oo for the years indicated above.



Date:




County Assessor

County Treasurer




Date: October 2, 20 18 Parcel Number: 06-0283-15 Taxpayer: BECK REBECCA


Assessor's Office Explanation of Changes: The secured 1;1ersonal (2r0(2ert~ manufactured home on this (2r0(2ert~ bruned rendering the home, deck and the foundation useless. The (2ro(2osed new values reflect an ad justment to the remaining three guarters of the tax bill for these items on this (2ro(2ert~ as well as removal of the televeision and landfill s1;1ecial assessment for the ~ear.

Current Proposed Current Proposed Current Pro _posed Fiscal Tax Year(s) 2018-2019

Net Ass'd Value 21,251 15,473

New Value

PYGAVO

Personal Property 5,889 1,472

Exemptions

TV Adj. (+I-) 60 30 Landfill Adj .(+/-) 156 78



This is due to abatements and whether or not the prior year's gross assessed value is altered by the change.

Assessor's Recommendation: ~ Approval By:~-d#r/L Denial / /f!U /'

~ \../ Treasurer's Recommendation: X Approval By: t:f1 QC;.u.4\YJOJ (

Denial

*If approved this taxpayer wi ll receive a total X refund/ credit of $244.84 for the years indicated above. -- --



Date:




County Assessor

County Treasurer



Agenda Item No:8.A

Humboldt County Board of Commissioners Agenda Item ReportMeeting Date: October 15, 2018Submitted by: Dave MendiolaSubmitting Department: Item Type: Sheriff's OfficeAgenda Section: SHERIFF: LIQUOR BOARD (FOR POSSIBLE ACTION)

Subject:Liquor Board

Suggested Action:

Attachments:Liquor Board 10-15-18.pdf

13

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/252136/Liquor_Board_10-15-18.pdf

Memo To: Dave Mendiola, County Manager

From: Humboldt County Sheriff’s Office

Date: October 8, 2018

Re: Commission Meeting Agenda

Humboldt County Liquor Board

Sheriff Allen would like to request on October 15, 2018, the Humboldt County Liquor Board be convened for consideration of a Special Event Liquor License.

Special Event Liquor License: 1) Jennifer Karrer for Jeep Junkies of Northern Nevada High Desert Top Truck – Friday & Saturday, October 19-20, 2018 – this will be a 2 day event Off Road Carnival – Sunday, October 21, 2018 – this will be a 1 day event

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Agenda Item No:9.A

Humboldt County Board of Commissioners Agenda Item ReportMeeting Date: October 15, 2018Submitted by: Dave MendiolaSubmitting Department: Item Type: Administrator’s ReportAgenda Section: HUMBOLDT COUNTY EMPLOYEES ASSOCIATION (HCEA) COLLECTIVE BARGAININGAMENDED AGREEMENT FOR 2018-2020 (FOR POSSIBLE ACTION)

Subject:2018-2020 Agreement between the County of Humboldt and the Humboldt County Employees Association(Amended)

Suggested Action:

Attachments:Final Amended with Markup - 2018-2020 Agreement between the County of Humboldt and the Humboldt CountyEmployees Association.pdf

Final Amended No Markup - 2018-2020 Agreement between the County of Humboldt and the Humboldt CountyEmployees Association.pdf

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AGREEMENT BETWEEN THE COUNTY OF

HUMBOLDT AND THE HUMBOLDT COUNTY

EMPLOYEES ASSOCIATIONAGREEME

NT BETWEEN THE COUNTY OF


EMPLOYEES ASSOCIATION

(AMENDED)

2018-2020

16

of 46 2018-2020 General Unit Collective Bargaining Agreement (Amended)

This page is intentionally left blank

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Table of Contents 1. PARTIES AND THEIR AUTHORIZED AGENTS ......................................................................... 9

1.1. Parties ................................................................................................................................................... 9

1.2. Authorized Agents ................................................................................................................................. 9

2. ASSOCIATION RECOGNITION AND DUES DEDUCTION ....................................................... 9

2.1. Exclusive Representation ...................................................................................................................... 9

2.2. Bargaining Unit Defined ....................................................................................................................... 9

2.3. Dues Deduction ..................................................................................................................................... 9

2.3.1. Authorization ................................................................................................................................. 9

2.3.2. Amount of Dues ........................................................................................................................... 10

2.3.3. Indemnification ........................................................................................................................... 10

2.4. Stewards .............................................................................................................................................. 10

2.4.1. Association Representatives Role ............................................................................................... 10

2.5. Bulletin Board ..................................................................................................................................... 10

2.6. Meetings .............................................................................................................................................. 10

2.7. Unit Membership ................................................................................................................................ 11

3. NON-DISCRIMINATION ................................................................................................................. 11

3.1. Non-Discrimination ............................................................................................................................ 11

3.2. Appeal of Alleged Violations............................................................................................................... 11

4. EMPLOYER RIGHTS ...................................................................................................................... 11

5. PROCEDURE FOR FILLING VACANCIES ................................................................................ 12

5.1. Posting ................................................................................................................................................ 12

5.2. Association Copy ................................................................................................................................ 12

5.3. Applications ........................................................................................................................................ 12

5.4. Consideration ...................................................................................................................................... 12

6. PROBATIONARY PERIOD ............................................................................................................ 12

6.1. Probationary Status ............................................................................................................................ 12

6.2. Review During Probationary Period .................................................................................................. 12

6.3. Probationary Period Upon Promotion or Transfer ............................................................................ 13

6.4. Voluntary Request to Return from Promotion .................................................................................... 13

7. WAGES AND MONETARY BENEFITS ....................................................................................... 13

7.1. Wages. ................................................................................................................................................. 13

7.1.1. Fiscal Year 2018-2019 ................................................................................................................ 13

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7.1.2. Fiscal Year 2019-2018 ................................................................................................................ 13

7.1.3. Merit Pay .................................................................................................................................... 13

7.2. Public Employees Retirement System ................................................................................................. 13

7.2.1. Employee Participation............................................................................................................... 13

7.2.2. County Contribution ................................................................................................................... 14

7.2.3. Nevada Legislature Mandated Increases .................................................................................... 14

7.2.4. Nevada Legislature Undesignated Contribution Increases ........................................................ 14

7.2.5. Nevada Legislature Undesignated Decreased Contribution Rates ............................................. 14

7.3. Longevity Steps ................................................................................................................................... 14

7.4. Pay Days ............................................................................................................................................. 14

7.5. Annual Merit Review ........................................................................................................................... 14

7.5.1. Merit Steps .................................................................................................................................. 14

7.5.2. Eligibility..................................................................................................................................... 14

7.5.3. Merit Review Date ...................................................................................................................... 15

7.6. Date of Hire ........................................................................................................................................ 15

7.7. Call Back ............................................................................................................................................. 15

7.7.1. Reporting for Call Back .............................................................................................................. 15

7.7.2. Premium Pay ............................................................................................................................... 15

7.8. Education Incentive ............................................................................................................................ 15

7.8.1. Request for Participation in Education Incentive Program ....................................................... 15

7.8.2. Education Incentive Program Funding and Employee Expectations ......................................... 15

7.8.3. Spanish or Sign Language Course Incentive .............................................................................. 16

7.9. Shift Differential .................................................................................................................................. 16

7.10. Dispatcher Training Pay ............................................................................................................. 16

7.10.1. Training Dispatcher Pay Amount ............................................................................................... 16

7.10.1.1. Section Interpretation ............................................................................................................. 16

7.11. Working Above Classification ..................................................................................................... 16

7.12. Requests for Consideration of Reclassification .......................................................................... 17

7.12.1. Request for Consideration of Reclassification Steps .................................................................. 17

8. HEALTH AND WELFARE BENEFITS ......................................................................................... 17

8.1. County Contribution to Cost of Health and Accident Insurance ........................................................ 17

8.1.2. County Contribution towards High Deductible Health Plan with an Associated Health Savings

Account 18

19


8.1.3. Amounts beyond the County’s Contribution ............................................................................... 18

8.1.4. County Contribution to membership in Care Flight’s Flight Plan ............................................. 18

8.2. Eligibility for Health Insurance Programs ......................................................................................... 18

8.3. Insurance Benefits Review Committee. ............................................................................................... 18

8.4. Detention Facility Benefits.................................................................................................................. 19

8.5. Dependent Coverage ........................................................................................................................... 19

8.6. Workers’ Compensation Insurance ..................................................................................................... 19

8.7. Unemployment Compensation. ........................................................................................................... 19

8.8. Retirement ........................................................................................................................................... 19

8.9. Commercial Drivers Licenses Physical Examinations ....................................................................... 19

9. ANNUAL LEAVE ............................................................................................................................. 19

9.1. Accrual ................................................................................................................................................ 19

9.2. Schedule of Accrual of Annual Leave ................................................................................................. 19

9.3. Accrual During Probation .................................................................................................................. 20

9.4. Accrual of Leave While on Leave ....................................................................................................... 20

9.5. Approval for Use of Annual Leave ...................................................................................................... 20

9.5.1. Annual Leave Conflicts. .............................................................................................................. 20

9.6. Carry-over of Annual Leave to Following Year ................................................................................. 20

9.7. Payment on Separation ....................................................................................................................... 20

9.8. Payment on Death ............................................................................................................................... 21

9.9. Part-time employees ............................................................................................................................ 21

9.10. Interrupted Service ...................................................................................................................... 21

10. SICK LEAVE ..................................................................................................................................... 21

10.1. Entitlement .................................................................................................................................. 21

10.2. Sick Leave Accrual ...................................................................................................................... 21

10.3. Authorization for Usage .............................................................................................................. 21

10.3.1. Immediate Family Defined .......................................................................................................... 21

10.4. Evidence of Authorized Usage .................................................................................................... 22

10.5. Sick Leave Payoff ........................................................................................................................ 22

10.5.1. Conversion to Retirement credit prior to retirement .................................................................. 22

10.6. Accrual of Leave While on Leave ............................................................................................... 23

10.7. Accrual During Probation .......................................................................................................... 23

10.8. Leave Sharing ............................................................................................................................. 23

20


11. INJURY ON DUTY LEAVE ............................................................................................................ 24

11.1. Injury on Duty ............................................................................................................................. 24

11.2. Coordination of Benefits ............................................................................................................. 24

12. OTHER LEAVES ............................................................................................................................. 25

12.1. Bereavement Leave ..................................................................................................................... 25

12.2. Maternity/Paternity Leave .......................................................................................................... 25

12.3. Interruption of Service ................................................................................................................ 25

12.4. Military Leave ............................................................................................................................. 25

12.5. Leave of Absence Without Pay .................................................................................................... 26

12.5.1. Approval – Less Than 30 Days ................................................................................................... 26

12.5.2. Approval – More Than 30 Days .................................................................................................. 26

12.6. Family and Medical Leave Act Compliance ............................................................................... 26

12.6.1. Eligibility..................................................................................................................................... 26

12.6.2. Compensation During Leave ...................................................................................................... 26

12.6.3. Intermittent or Reduced Schedule Leave..................................................................................... 27

12.6.4. FMLA and Leave Benefits Concurrency ..................................................................................... 27

12.6.5. Additional FMLA Information .................................................................................................... 27

13. HOLIDAYS ........................................................................................................................................ 27

13.1. Holidays Enumerated .................................................................................................................. 27

13.2. Observance of Legal Holidays .................................................................................................... 28

13.3. Floating Holiday ......................................................................................................................... 28

13.3.1. Payment of Floating Holiday upon Voluntary Termination of Employment .............................. 28

13.4. Holiday Pay ................................................................................................................................ 28

13.5. Holidays Not Worked .................................................................................................................. 28

13.6. Holidays Worked ......................................................................................................................... 28

13.7. Holiday During Annual Leave .................................................................................................... 28

13.8. Holiday Pay for Part-Time Employees ....................................................................................... 28

14. HOURS .............................................................................................................................................. 29

14.1. Work Hours ................................................................................................................................. 29

14.1.1. Alternative Work Schedules ........................................................................................................ 29

14.1.2. Starting and Ending Times .......................................................................................................... 29

14.1.3. Time Reporting ............................................................................................................................ 29

14.2. Rest Periods ................................................................................................................................ 29

21


14.3. Hours for Sheriff’s Dispatchers and Central Control Operators ............................................... 29

14.4. Dispatcher and Central Control Operators Shift Preferences ................................................... 29

15. OVERTIME COMPENSATION ...................................................................................................... 30

15.1. Definitions ................................................................................................................................... 30

15.1.1. Overtime ...................................................................................................................................... 30

15.1.2. Hours Worked ............................................................................................................................. 30

15.2. Overtime Pay .............................................................................................................................. 30

15.3. Compliance with the Fair Labor Standards Act ......................................................................... 30

15.4. Travel Time for Training............................................................................................................. 30

15.5. Accrual of Compensatory Time ................................................................................................... 30

15.6. Cash Out of Accrued Compensatory Time Off ............................................................................ 30

15.7. Cash Out of Compensatory Time Off upon Promotion ............................................................... 31

16. MILEAGE AND PER DIEM REIMBURSEMENT ........................................................................ 31

16.1. Mileage ....................................................................................................................................... 31

16.2. Per Diem Payments ..................................................................................................................... 31

17. ROAD DEPARTMENT ASSIGNMENTS ...................................................................................... 31

17.1. Reporting Requirements .............................................................................................................. 31

17.2. Exceptions ................................................................................................................................... 31

17.3. Camping Assignments ................................................................................................................. 32

18. COURT DUTY .................................................................................................................................. 32

18.1. Jury Duty or Witness ................................................................................................................... 32

18.1.1. Dispatch Employee Subpoena ..................................................................................................... 32

18.1.2. Canceled Appearance – Dispatch Employee .............................................................................. 32

18.1.3. Hours Outside Scheduled Work Time ......................................................................................... 32

19. GRIEVANCE PROCEDURE .......................................................................................................... 32

19.1. Definitions ................................................................................................................................... 32

19.1.1. Grievance .................................................................................................................................... 32

19.1.2. Grievant ...................................................................................................................................... 32

19.1.3. Day .............................................................................................................................................. 33

19.2. Process ........................................................................................................................................ 33

19.2.1. Informal Resolution .................................................................................................................... 33

19.2.2. Formal Levels ............................................................................................................................. 33

19.3. General Provisions ..................................................................................................................... 33

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19.3.1. Failure to Carry Forward ........................................................................................................... 33

19.3.2. Failure to Respond ...................................................................................................................... 33

19.3.3. Representation ............................................................................................................................ 34

19.3.4. Waiver of Time Limits ................................................................................................................. 34

19.3.5. Service ......................................................................................................................................... 34

19.3.6. Copy to Association .................................................................................................................... 34

19.3.7. Effect of a Grievance................................................................................................................... 34

19.3.8. Advancing to Arbitration ............................................................................................................ 34

20. DISCIPLINARY ACTION ................................................................................................................ 34

20.1. Types of Discipline ...................................................................................................................... 34

20.1.1. Oral Reprimand .......................................................................................................................... 34

20.1.2. Written Reprimand ...................................................................................................................... 34

20.1.3. Disciplinary Leave Without Pay ................................................................................................. 35

20.1.4. Administrative Leave With Pay ................................................................................................... 35

20.1.5. Discharge .................................................................................................................................... 35

20.2. Classifications of Discipline ....................................................................................................... 35

20.3. Procedure for Imposing and Appealing Minor Disciplinary Actions ......................................... 35

20.3.1. Notice of Action ........................................................................................................................... 35

20.3.2. Appeal of Minor Disciplinary Action .......................................................................................... 35

20.4. Procedure for Imposing and Appealing Severe Disciplinary Actions ........................................ 36

20.4.1. Notice of Proposed Action .......................................................................................................... 36

20.4.2. Response. .................................................................................................................................... 36

20.4.3. Response Meeting ....................................................................................................................... 36

20.4.4. Review/Action ............................................................................................................................. 36

20.4.5. Protest ......................................................................................................................................... 36

20.4.6. Sole Remedy ................................................................................................................................ 37

21. ARBITRATION ................................................................................................................................. 37

21.1. Designation ................................................................................................................................. 37

21.2. Matters Not Subject to Arbitration Procedure ............................................................................ 37

21.3. Rules of Evidence ........................................................................................................................ 37

21.4. Privacy of Hearings .................................................................................................................... 37

21.5. Authority of Arbitrator ................................................................................................................ 37

21.6. Costs ............................................................................................................................................ 37

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22. PERSONNEL FILES ....................................................................................................................... 38

22.1. Review and Release of Information ............................................................................................ 38

22.2. Placing Material in File .............................................................................................................. 38

22.3. Review of Written Statements by Employee ................................................................................ 38

22.4. Copies of Personnel File ............................................................................................................. 38

22.5. Comments from the Public .......................................................................................................... 38

23. LAYOFF PROCEDURE .................................................................................................................. 38

23.1. Positions to be Eliminated .......................................................................................................... 38

23.2. Order of Layoff ........................................................................................................................... 38

23.3. Layoff Appeal Procedure ............................................................................................................ 39

23.3.1. Notice of Appeal .......................................................................................................................... 39

23.3.2. Appeal Review Committee .......................................................................................................... 39

23.4. Recall Rights ............................................................................................................................... 39

23.4.1. Recall List ................................................................................................................................... 39

23.4.2. Recall Notice ............................................................................................................................... 40

23.4.3. Recall to Other Vacant Positions ................................................................................................ 40

24. PEACEFUL PERFORMANCE ....................................................................................................... 40

24.1. Prohibitions ................................................................................................................................. 40

24.2. Responsibilities of Association .................................................................................................... 40

25. FULL UNDERSTANDING, MODIFICATION AND WAIVER .................................................... 41

25.1. Full Understanding ..................................................................................................................... 41

25.2. No Interim Bargaining ................................................................................................................ 41

25.3. Modification ................................................................................................................................ 41

25.4. Waiver ......................................................................................................................................... 41

26. SAVINGS........................................................................................................................................... 41

27. TERM OF AGREEMENT ................................................................................................................ 42

Appendix .................................................................................................................................................. 43

Appendix A – Humboldt County Range Assignments by Classification ............................................... 43

Appendix B – Consanguinity/Affinity Chart .......................................................................................... 46

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1. PARTIES AND THEIR AUTHORIZED AGENTS 1.1. Parties

This agreement is entered into, June 20, 2018 by and between the County of Humboldt (hereinafter

referred to as “County”), and the Humboldt County Employees Association (hereinafter referred to as

“Association” or “HCEA”). Provisions of this Agreement that require changes in terms and conditions of

employment shall be effective July 1, 2018 except where another date is identified. Changes in payroll

items shall be effective at the beginning of a payroll period.

1.2. Authorized Agents For the purpose of administering the terms and provisions of this agreement, the following agents have

been designated:

County’s principal authorized agent shall be:

County Manager

HUMBOLDT COUNTY

County Courthouse, Room 205

Winnemucca, NV 89445

Association’s principal authorized agent shall be:

President

HUMBOLDT COUNTY EMPLOYEES ASSOCIATION

50 West 5th Street


2. ASSOCIATION RECOGNITION AND DUES DEDUCTION 2.1. Exclusive Representation

The Employer recognizes the Association as the sole collective bargaining agent for all full-time

employees and regular part-time employees of the County within job classifications covered by this

Agreement who are presently employed and subsequently hired by the Employer at its location in Nevada

2.2. Bargaining Unit Defined

The classifications included in the bargaining unit are listed in the attached Appendix “A” and, by

reference, incorporated herein and made a part of this Agreement unless designated confidential under

NRS 288.170.

2.3. Dues Deduction The parties agree that for good consideration, the County will provide payroll deduction to the

Association on the following terms:

2.3.1. Authorization The County shall deduct dues from the salaries of Association members and remit the total deductions to

the designated Association officer(s) on a biweekly basis, provided, however, no deductions shall be

made except in accordance with a deduction authorization form individually and voluntarily executed by

the employee for whom the deduction is made. The deduction authorization form shall specify any

Association restrictions on the employee’s right to terminate his/her dues deduction authorization. No

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stated restriction shall require the employee to remain a member beyond the end of the calendar month of

the employee’s action to terminate such status.

2.3.2. Amount of Dues The Association shall certify to the County in writing the current rate of membership dues. The

Association will notify the County of any change in the rate of membership dues at least thirty (30) days

prior to the effective date of such change.

2.3.3. Indemnification The Association shall indemnify and hold the County harmless against any and all claims, demands, suits

and all other forms of liability or costs which shall arise out of or by reason of action taken or not taken

by the County at the request of the Association under the provisions of this Article or through the proper

execution of this Article.

2.4. Stewards

The Association may select up to four (4) stewards from among members of the Association. The

function of the stewards shall be to report to their Association President grievances or alleged infractions

of the Agreement and represent employees who request representation. The Association shall notify the

County in writing of the employees selected to serve as stewards.

2.4.1. Association Representatives Role

Authorized Association representatives shall be granted reasonable access at reasonable times to those

areas of County premises where employees represented by the Association are employed when such visits

are necessary for the administration of this Agreement. If the Association business is of a nature which

requires that it be conducted during the representative’s work time, the representative shall notify his/her

supervisor before leaving his/her work assignment of the estimated length of time which will be required

and provide a statement that the nature of the business requires immediate attention. It is agreed that such

representatives will conduct their business as expeditiously as possible and in a manner that will minimize

interference with the County’s business. Before an Association representative enters the work area, the

representative shall notify the supervisor responsible for the area and receive permission to enter. Such

permission shall not be unreasonably denied. The Association representative who may be authorized

entry shall be the stewards and the business representative, as certified in written form by the Association

to the County.

2.5. Bulletin Board

The Association may add its own Bulletin Boards (3’x3’) at the following locations for communications

with their members: Road Department, Library, Convention Center, in addition to the one already

hanging in the Courthouse. No postings shall be political, defamatory or negative toward any County

official or employee.

2.6. Meetings

The Association, upon proper notification to and approval from the County Manager, will be allowed to

hold Association meetings on County property to conduct Association business.

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2.7. Unit Membership

County agrees to provide the HCEA with a list of unit employees in July and a list of changes every three

(3) months thereafter during the contract period. The list shall include Employee Name, Department and

Job Classification.

3. NON-DISCRIMINATION 3.1. Non-Discrimination

The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without

discrimination as to race, color, religion, sex, age, disability, national origin or because of political or

personal reasons or affiliations. The Association shall share equally with the County the responsibility

for applying this provision of the Agreement.

3.2. Appeal of Alleged Violations

Alleged violations of these provisions shall not be appealable to any outside third party using the

grievance procedure of this Agreement. Any appeal beyond the County Manager’s level shall be to the

body empowered by Federal or State statute for the purpose of resolving such disputes.

4. EMPLOYER RIGHTS

Employer retains, solely and exclusively, all the rights, powers and authority exercised or held prior to the

execution of this Agreement, except as expressly limited by a specific provision of this Agreement.

Without limiting the generality of the foregoing, the rights, powers, and authority retained solely and

exclusively by Employer and not abridged herein, include, but are not limited to the following: To

manage and direct its business and personnel; to manage, control, and determine the mission of its

departments, building facilities, and operations; to assign, repair, inspect, and retrieve Employer property

and space; to create, change, combine or abolish jobs, policies, departments and facilities in whole or in

part; to subcontract or discontinue work for economic or operational reasons; to direct the work force; to

increase or decrease the work force and determine the number of employees needed; upon reasonable

suspicion of impaired ability on the job, to require employee physical examinations and tests endorsed by

a physician and paid for by the Employer; to hire, transfer, promote, and maintain the discipline and

efficiency of its employees (but excluding the right to assign or transfer as a form of discipline); to

establish work standards, schedules of operation and reasonable work load; to specify or assign work

requirements and require overtime; to schedule working hours and shifts; to adopt new or changed rules

of conduct and penalties for violation thereof after negotiating same with the Association in accordance

with NRS 288.150; to determine the type and scope of work to be performed by employees and the

services to be provided; to take action deemed necessary to provide for the safety of employees and

clients; to classify positions; to establish initial salaries of new classifications after notification to the

Association; to determine the methods, processes, means, and places of providing services and to take

whatever action necessary to prepare for and operate in an emergency.

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5. PROCEDURE FOR FILLING VACANCIES 5.1. Posting

The County shall post all County employment vacancies for a period of not fewer than five (5) working

days in order to afford interested employees the opportunity of applying for a lateral transfer or

promotion, as appropriate. Such postings shall list the desired classification for the position involved, the

geographic location of the initial assignment and the working hours if different from the normal work

week.

5.2. Association Copy

The County shall provide the Association with a copy of job vacancy announcements.

5.3. Applications Employees interested in being considered for the position shall submit an application to the department

head responsible for filling the vacancy.

5.4. Consideration

All employee applicants for positions shall be considered in determining the best-qualified candidate.

Factors to be considered in making the selection will include:

Performance on written, oral and practical examinations

County Service

Appropriate education and knowledge

Relevant training

Past performance

Work habits including attendance and punctuality

Other job-related factors

6. PROBATIONARY PERIOD 6.1. Probationary Status

All unit employees shall serve a probationary period of one full year from actual date of hire, during

which time they may be released without notice, reason or right of appeal. The length of initial probation

period shall be equivalent to one year of full-time service.

6.2. Review During Probationary Period The performance of an employee serving a twelve month probationary period shall normally be reviewed

no later than five (5) months after initial hire and eleven (11) months after hire. During the final month of

the probationary period, the employee’s department head shall make a written recommendation for

retention of the employee beyond the probationary period. If no such recommendation is received by the

28


appointing authority prior to the end of the employee’s probationary period, the employee shall be

released from County service.

6.3. Probationary Period Upon Promotion or Transfer All employees promoted to a position of higher responsibility or transferred to another position shall

serve a probationary period of twelve (12) months in the new position. During the probationary period,

the employee shall normally be reviewed no later than five (5) months after promotion or transfer and at

eleven (11) months after promotion or transfer. Regular employees who have transferred or promoted to

another County position who fail to successfully complete their probationary period will be placed in lay-

off status and may exercise recall rights under the Layoff Article 23 of this Agreement.

6.4. Voluntary Request to Return from Promotion An employee who has accepted a promotion and then, within 30 working days of appointment to the new

position, requests to return to his/her old position, shall be returned to the position formerly held at the

first opportunity when the position is vacant and to be filled, provided such vacancy occurs within one

year of the employee's request to return to his/her former position.

7. WAGES AND MONETARY BENEFITS 7.1. Wages.

Wages for unit positions shall be as shown in Appendix B.

7.1.1. Fiscal Year 2018-2019 Effective with the beginning of the pay period containing July 1, 2018, the County agrees to increase the

amounts listed in the unit’s general salary schedule by 2% Cost of Living Adjustment (COLA). All

percentages are approximate and will be conformed to an hourly wage schedule.

7.1.2. Fiscal Year 2019-2018

Effective with the beginning of the pay period containing July 1, 2019, the County agrees to increase the

amounts listed in the unit’s general salary schedule by 21.5%. All percentages are approximate and will

be conformed to an hourly wage schedule.

7.1.3. Merit Pay Merit pay will be at the 2.5% step rate.

7.2. Public Employees Retirement System

7.2.1. Employee Participation

All employees covered by this agreement shall participate in the Public Employees Retirement System

(PERS) of the State of Nevada in accordance with the rules of that system as set forth in NRS Chapter

286.

29


7.2.2. County Contribution The County agrees to contribute for each employee covered by this agreement the NRS mandated rate to

PERS for the term of this Agreement.

7.2.3. Nevada Legislature Mandated Increases Increases in the PERS contribution rate which are mandated by the Nevada Legislature shall be paid for

by the party or parties designated in such action. If the Nevada Legislature is silent with respect to who is

responsible to pay contribution increases, subsection 7.2.4. shall apply.

7.2.4. Nevada Legislature Undesignated Contribution Increases If the Nevada Legislature does not designate whether the employee or the County is to pay for the

increase in contributions to PERS, the County shall pay the increased contribution. Payment of the

employee’s portion of the contribution increase shall be made by an equivalent reduction in pay or, if

such an increase coincides with a scheduled increase, by reducing the equivalent of a scheduled basic

salary increase or cost of living increase, or both. Should an increase be more than a total of one and one-

half percent (1.5%), the parties agree to meet and confer regarding the impact of the increase upon the

wage adjustments provided in this agreement.

7.2.5. Nevada Legislature Undesignated Decreased Contribution Rates If the Nevada Legislature does not designate the distribution of decreased rates, if any, decreases in the

contribution rate shall be equally shared and shall be credited by increasing the pay schedule by the

amount equal to ½ the prescribed reduction.

7.3. Longevity Steps Each person who has served in step ten (10) of his/her assigned range for at least one (1) year shall be

eligible to receive a one (1) percent step increase though Range L10 of the attached wage chart for

standard or above performance on each successive anniversary date.

7.4. Pay Days The County will continue the current bi-weekly pay period system. Payroll periods end at midnight every

other Sunday. Paydays will be the Friday following the end of the payroll period. Should a payday fall

on a holiday, paydays will be the day preceding the holiday.

7.5. Annual Merit Review

7.5.1. Merit Steps Employees who achieve “meets standard” in their overall annual performance ratings will be eligible for

advancement to the next higher step of the range or longevity steps.

7.5.2. Eligibility Each employee is eligible for an annual merit salary step after the completion of twenty-six (26) complete

payroll periods of employment if the employee has demonstrated standard or above standard job

performance as contemplated in 7.4.1 and as determined by the employee’s supervisor and department

head or his/her designee. The merit increase shall be granted upon completion of an approved

performance appraisal form by the supervisor recommending approval by the County Manager and

receipt of that approval. When approved, the increase shall be effective on the first of the pay period 30


following the employee’s anniversary date of current position. If performance appraisals are completed

post appraisal date recommending approval, the merit increase will be retroactive to first pay period

following the employee’s anniversary date at current position. Performance appraisals will ordinarily be

completed within thirty (30) days prior to the completion of twenty-six (26) payroll periods. The content

of a performance appraisal and any decisions based upon such content may be appealed only through the

grievance procedure to the County Manager level. The decision of the County Manager shall be final and

binding.

7.5.3. Merit Review Date If an employee is promoted or demoted to a new position that results in a salary increase or decrease of

five percent (5%) or more, then a new anniversary date for current position will be established.

7.6. Date of Hire The term “date of hire” is defined as the actual date an employee first renders paid service in a regular

position. The salary anniversary date is adjusted for leaves of absences without pay in excess of thirty

(30) days and for breaks in regular County service.

7.7. Call Back Any unscheduled work required of an employee for which an employee is unexpectedly required by

his/her department head or department head’s designee to return to his or her place of employment shall

be at least two (2) hours in duration at the earned rate of pay for the purpose of compensation.

7.7.1. Reporting for Call Back Employees required to report for work within one (1) hour before their regular reporting time shall be

compensated in accordance with the Overtime Compensation Article of this Agreement.

7.7.2. Premium Pay Premium Pay for any additional hours worked during any call back shall be paid in accordance with the

eligibility provisions of the Overtime Compensation, Article 15, of this Agreement.

7.8. Education Incentive The County will reimburse each employee for the cost of registration and books for job-related class work

which is part of the requirement for completion of a major for an Associates or Bachelor college degree

which is directly related to the employee’s current County employment or if not in pursuit of a degree,

classes directly related to the employee’s current County employment, provided all of the following

conditions are met:

7.8.1. Request for Participation in Education Incentive Program The employee must request and receive approval for reimbursement prior to beginning the class or degree

program. Requests shall be submitted to the County Manager and shall be considered for approval

subject to the conditions of this section. As part of the request, employees must provide evidence of

enrollment in a class or program to the County Manager.

7.8.2. Education Incentive Program Funding and Employee Expectations A. Class work will be completed on the employee’s own time.

31


B. The total reimbursement paid by the County to all employees for education under this section in

any fiscal year shall not exceed ten thousand dollars ($10,000.00), nor shall any employee be

reimbursed more than one thousand five hundred dollars ($1,500.00) in any fiscal year. Classes

will be approved for reimbursement on a first come first paid basis, based on the date of initial

application for approval, until funds are exhausted. C. Reimbursement shall be for actual cost of tuition and registration for a class in an amount not to

exceed two hundred fifty dollars ($250.00) per class. Employees shall present evidence of

completion of the course with a grade of “B” or better and evidence that verifies that credits

received by the completed course will go towards satisfying approved degree requirements. D. Non-graded classes are not eligible for book reimbursement.

7.8.3. Spanish or Sign Language Course Incentive

An employee who completes two (2) successive college level Spanish or Sign language courses may be

reimbursed for the registration, tuition and book costs directly related to the courses upon completion of

the second (intermediate level) course, provided that each of the conditions listed above are met.

7.9. Shift Differential Shift differential pay shall be paid to Sheriff’s Office Dispatchers and Central Control Employees

beginning with the pay period containing July 1, 2018 at the rate of $2.00 for all hours worked between

6:00 p.m. and 6:00 a.m. on a regularly scheduled shift in which at least four hours of the shift worked fall

between those hours.

7.10. Dispatcher Training Pay Employees below the rank of Dispatch Supervisor are eligible to receive training pay when all of the

following conditions are met:

A. The employee assigned a training dispatcher must be certified by the Sheriff to have met

standards for training dispatcher formally established by the Sheriff; and

B. The Sheriff has formally established standards which the employee receiving training must meet

during the training period; and

C. The employee has been assigned by the Sheriff or his/her designee to serve as a training

dispatcher for a particular employee and is actually performing training duties.

7.10.1. Training Dispatcher Pay Amount Those employees assigned in writing by the Sheriff as training dispatchers who are eligible for training

pay will be paid an additional two dollars ($2.00) per hour for each eligible hour.

7.10.1.1. Section Interpretation This section shall not be interpreted to restrict the Sheriff’s authority to make any training assignment for

which compensation is not required by this section.

7.11. Working Above Classification When an employee is ordered in writing to fill a higher classification outside the employee’s assigned

series because of the absence or incapacitation of the incumbent of the higher classified position, the

employee shall be entitled to an increase of five percent (5%) in salary for the time performing under such

order under the following conditions:

32


1. When the employee has worked in the higher classified job for a minimum of eleven (11)

consecutive working days, in which case the increase in salary shall take effect on the twelfth

(12th) consecutive day, or 2. When an employee has not qualified under Section 7.10.1 above, but accumulates over fifteen

(15) work days in an authorized acting capacity within the same fiscal year, in which case the

increase in salary shall take effect on the first day of the payroll period in which the sixteenth

(16th) day of such assignment occurs. 3. Such above classification assignment must have the prior approval of the Department and the

County Manager.

7.12. Requests for Consideration of Reclassification Each year during November, the County will accept written requests for reclassification from a unit

employee who believes s/he is inappropriately classified with regard to the duties he/she is normally

required to perform. Such request shall include a description of the normal duties being performed by

that employee that are significantly different from those of the employee’s current classification and at a

higher level in the case of an request to be reclassified to a higher class. An individual employee may

only make such a request once every three years.

7.12.1. Request for Consideration of Reclassification Steps 1. Requests for Reclassification shall be forwarded to the County Manager’s office with a copy to

the Department Head. 2. The County Manager shall review the request and consider the budgetary implications of the

requested change and discuss the merits of the requested action with the employee’s Department

Head. Should the Administrator and the Department Head be convinced that the request merits

further review, the Administrator will arrange for an appropriate audit of that and any other

affected positions. The employee must be notified of any action to be taken by the employer,

including the job audit, within a reasonable period of time, not to exceed one hundred twenty

(120) days of the employee’s request. If the audit recommends a change in classification and

such recommendation is approved by the Commission, such reclass shall be effective no later

than the beginning of the following budget year. 3. Should the request be denied at any stage, the employee shall be eligible to submit another

reclassification request after two years from date of submission. No other recourse shall be

available to the employee or the Association.

8. HEALTH AND WELFARE BENEFITS

8.1. County Contribution to Cost of Health and Accident Insurance

The County will contribute up to a maximum of one thousand twenty two dollars ($1022.00) per month

toward a full-time eligible employee’s group health benefits for FY 2018-2019. The County will

contribute up to a maximum of one thousand twenty two dollars ($1022.00) per month toward a full-time

eligible employee’s group health benefits for FY 2019-2020. Any increase above the stated amounts both

parties will meet and negotiate regarding the increase. Both parties will meet and negotiate any increase

above the stated amounts.

8.1.1. Benefits Eligible for County Contribution

33


The County’s contribution will be the cost of the employee’s premium up to the maximum contribution

amounts set out herein. The County contribution must be used, at the employee’s option, to cover costs

associated with health care, dental, vision, and basic life insurance. The total maximum contribution may

only be applied to health care, vision, life, and/or dental benefits subject to health care, vision, life, and

dental plans available to employees. The total maximum contribution may also be applied to County

sanctioned supplemental insurance providers, unless otherwise prohibited by IRS rules and regulations.

8.1.2. County Contribution towards High Deductible Health Plan with an Associated

Health Savings Account

For employees that choose to participate in a high deductible health care plan with an associated Health

Care Savings Account; as offered by the County, the County will contribute the difference between the

cost of an employee premium under the County’s standard health care plan and the premium for the

employee’s high deductible plan to the employee’s Health Care Savings Account. Contributions of the

difference between the two plans will be made by the County on a monthly basis.

8.1.3. Amounts beyond the County’s Contribution The employee shall pay any amount beyond the County’s contribution.

8.1.4. County Contribution to membership in Care Flight’s Flight Plan The County will pay the $30.00 per household annual membership rate. If more than one employee lives

in the same household only 1 membership will be paid.

8.2. Eligibility for Health Insurance Programs Employees shall be eligible for contribution toward health insurance premiums beginning with the first

day of the month following completion of thirty (30) days of employment. For insurance purposes all

persons working for the County are required under the County’s policy to be regularly employed in order

for the employee to be insured. Eligibility for County health insurance benefits is only provided to unit

employees that are regularly employed by the County thirty (30) hours or more per week and who have

made application and have been issued a Certificate of Insurance.

8.3. Insurance Benefits Review Committee. A. The parties agree to continue the Insurance Benefits Review Committee, which will meet

annually to consider alternatives to the current coverage and insurance providers offered by the

County. The Committee shall include representatives of all County employees and of County

management. The Association shall be entitled up to four representatives on the Committee. The

options to be considered by the committee shall be limited to changes which are within the per

employee payments for health insurance provided by the County in this agreement and the “125”

plan. B. The Committee will review each of the types and levels of coverage currently paid for by the

County including medical/hospitalization, vision and dental insurance. C. The Committee will recommend by consensus what available insurance will be purchased within

the available negotiated monthly contribution made by the County. The Committee may

recommend continuation or change in any coverage or provider except those to which the County

is committed by contract. The Committee will determine the extent to which the money available

will be used to purchase additional insurance for employees only or to contribute to the cost of

dependent health coverage. Amounts recommended for contribution toward the cost of

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dependent coverage may include money, which would not otherwise be spent during the fiscal

year because some employees are not eligible for dependent coverage.

8.4. Detention Facility Benefits

County will pay for needed hepatitis inoculations and tuberculosis tests for all employees working in the

Detention Center facility.

8.5. Dependent Coverage An eligible employee may include his/her dependents under the County’s group health insurance by

arranging for the appropriate payroll deduction to provide coverage. The County will contribute any

portion of the monthly contribution not required for employee coverage toward the cost of dependent

health insurance coverage. The County will also provide a “125 Plan” through which employees may pay

dependent insurance premiums not covered by County contributions.

8.6. Workers’ Compensation Insurance All employees are automatically covered by approved Worker’s Compensation insurance for on-the-job

accidents and occupational diseases. Requirements of applicable laws governing Workers’ Compensation

benefits shall be followed. See Article 11 for details.

8.7. Unemployment Compensation. Public employees are covered by Nevada Unemployment Insurance Program.

8.8. Retirement All employees covered by this agreement shall participate in the Public Employees Retirement System


286. Any increases or decreases in the contribution rate required pursuant to NRS 286 shall be divided

equally between employee and County or as otherwise required.

8.9. Commercial Drivers Licenses Physical Examinations Employees who are required by their employment to maintain a commercial driver’s license, shall have

the required physical examination performed by a physician designated and paid for by the County.

9. ANNUAL LEAVE

9.1. Accrual

All unit employees who are employed on a continuous full-time basis shall accrue annual leave credits on

the basis on the schedule below. Part-time employees who work at least twenty (20) hours per week shall

earn annual leave on a prorated basis based on the number of hours worked in the pay period.

9.2. Schedule of Accrual of Annual Leave

Years of Continuous

Service

Hours Earned Per

Hours Paid

Max. Hours

Per Year

Max. Hours

Carryover

1st thru 2nd .0385 80 192

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3rd thru 5th .0462 96 240

6th thru 10th .0577 120 240

11th thru 15th .0769 160 240

16th thru 20th .0846 176 240

21st thru 24th .0923 192 240

25th and more .0962 200 240

Only regular hours paid shall effect annual leave accrual. Carryover of annual leave shall be judged as of

the end of the pay period that includes December 31st of each year. New accrual rate will take affect the

start of the pay period following the anniversary date.

9.3. Accrual During Probation Each employee shall accrue annual leave during his/her probationary period, but shall not be allowed to

use annual leave until the employee has been employed continuously for at least six (6) months.

9.4. Accrual of Leave While on Leave Annual leave will continue to be credited to all persons while regularly employed by the County when an

employee is on annual leave. However, accrual of annual leave will cease upon termination or when an

employee is placed on leave without pay.

9.5. Approval for Use of Annual Leave All annual leave will be taken at a time as approved by the employee’s department head. Annual leave

requests will be submitted by seniority for each calendar year and must be in by January 31st of that year.

Rescheduling of prescheduled leave shall be approved by the Department Head when the new schedule

can be accommodated without undue disruption of department services subject to 9.5.1 below.

9.5.1. Annual Leave Conflicts. Conflicts between annual leave requests submitted in accordance with this section shall be resolved by the

department head, approving those leaves that were submitted first in chronological order.

9.6. Carry-over of Annual Leave to Following Year All annual leave not taken in excess of the applicable maximum carryover hours will be forfeited at the

end of the pay period which includes December 31st of each year. A ninety (90) day extension may be

granted by the County Manager solely for reasons of County convenience and if no violation of NRS

245.210 are foreseeable. Any request for an extension must be submitted and approved prior to

December 31. Should any employee be prevented by the County from using the leave for which the

extension was granted, the County would pay off such leave.

9.7. Payment on Separation Employees who have completed at least six (6) months of continuous service and leave the County

service shall be paid for accrued, but unused annual leave.

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9.8. Payment on Death If an employee dies who was entitled to accumulated annual leave under the provisions of this Article, the

heirs of such deceased employee shall be paid an amount of money equal to the number of unused hours

of annual leave earned or accrued multiplied by the hourly rate of such deceased employee.

9.9. Part-time employees A regular part-time employee is defined as an employee working on a regular schedule less than forty

(40) hours per week. Regular part-time employees accumulate or earn length of service credit for annual

leave purposes based on actual number of years of continuous and uninterrupted service, whether such

service is entirely part-time or mixed part-time and full-time during any year or portion of a year. For

purposes of this section, a regular part-time employee beginning service on May 1 of a year is considered

to have one (1) year of service beginning May 1 of the next succeeding year, two (2) years of service

beginning May 1 of the next succeeding year, etc., even though the employee only works on a part-time

basis and accrues the benefits on a pro-rated basis.

9.10. Interrupted Service Any individual with five (5) consecutive years of employment with the County who terminates and then

is re-employed by the County within one (1) year from date of termination shall receive credit for prior

years service in determining the appropriate category for annual leave benefits. Notwithstanding the

foregoing, such an individual is subject to the probationary status requirements.

10. SICK LEAVE

10.1. Entitlement

All unit employees who are employed on a continuous full-time basis shall be credited with sick leave

according to the schedule below. Part-time employees who work at least twenty (20) hours per week

shall earn sick leave credits on a prorated basis, based on hours worked in the pay period. Employees

working fewer than twenty (20) hours per week will not accrue sick leave credits.

10.2. Sick Leave Accrual Effective July 1, 2018, eligible employees shall accrue sick leave at the rate of .0577 hours for each hour

worked up to a maximum accrual of 120 hours per year. Only regular hours worked shall affect sick

leave accrual. Maximum accrual shall not exceed 980 hours. Employees with more than 980 hours

accrued shall not accrue sick leave until their balance drops below 980 hours.

10.3. Authorization for Usage Employees are entitled to use sick leave only when incapacitated due to sickness, injury or when

receiving necessary medical, dental, or vision treatment, or in the event of an illness in the immediate

family.

10.3.1. Immediate Family Defined Immediate family shall mean persons related by blood, whether whole or half, marriage or adoption in the

following relationships: spouse, child, grandchild, parent, grandparent, or sibling, or relative living in the

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employee’s household. In the case of any other relative of the employee, the applicable department head

or his/her designee may authorize such sick leave and shall so notify the Administrative Office in writing.

10.4. Evidence of Authorized Usage The department head or his/her designee shall approve sick leave only after having ascertained that the

absence was for an authorized reason, and the employee may be required to provide substantiating

evidence at any time. Malingering or proven abuse of sick leave privileges shall be grounds for

termination from County employment. A doctor’s certificate of illness may be required at any time, but

must be presented to the department head or his/her designee for any absence over three (3) consecutive

working days when reason exists to suspect that abuse has occurred or when there is need to verify fitness

to return to work.

10.5. Sick Leave Payoff Employees with accrued, unused sick leave may, at the time of separation, select one (1) of the following

options for reimbursement:

A. Cash payment upon separation of service:

Any employee who resigns in good standing after providing the County with proper notice or is

laid off shall be entitled to payment, not exceeding the total sum of Three Thousand Dollars

($3,000.00), for unused sick leave according to the schedule set forth below. If a sick leave payoff

is received as a result of layoff, and the employee is later reinstated, only that sick leave not

converted to retirement service credit or paid off at the time of the layoff will be reinstated and the

amount of the payoff and the maximum payoff at any future separation from the County will be

reduced by the amount paid at the time of layoff.

Years of Employment with the County

Percent of Accrued Unused Sick Leave for

Payment

0-4 20%

5-10 35%

11- 20 50%

20 or more 60%

B. Conversion to Retirement credit upon separation:

In lieu of (A) above, an employee, with ten (10) or more years of continuous and uninterrupted

service with the County and who is eligible to purchase retirement service credit under the Public

Employees Retirement System (PERS) may, at his or her option, convert unused sick leave into

service credit under PERS; subject to the following conditions and limitations as set out within

Article 10.5.1 below:

10.5.1. Conversion to Retirement credit prior to retirement An employee who is eligible to purchase retirement service credit under the Public Employees Retirement

System (PERS) may convert accrued, unused sick leave into retirement credit prior to retirement under

the following conditions only:

1. An employee must maintain a sick leave hour balance of at least 480 hours of

accrued unused sick leave to be eligible to convert to PERS credit.

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2. An employee can only convert hours in excess of 480 (in increments of 8 hours), and

conversion is limited to a maximum annual limit of 280 hours.

3. PERS will convert dollars into service credit. Note: 1 hour of sick leave may not

equal 1 hour of service credit.

4. Purchase of service credit under this provision must comply with PERS policies and

procedures.

5. To convert sick leave under this provision, employees must submit a written request

to the County Manager within the thirty (30) day window for conversion requests.

The conversion request window will open on November 1st and close on December

1st. For requests for conversion to be eligible for conversion, all written requests must

be received by the County Manager on or before December 1st, requests received

after December 1st will not be considered timely and eligible for conversion under

this provision.

6. Only sick leave actually accrued by an employee on or before December 1st will be

subject to conversion under this provision.

7. If the employee meets all the conditions set forth in this section, then the County will

deduct the amount of sick leave designated on the employee’s written request which

is eligible for conversion from the employees account and proceed to purchase

retirement service credit from PERS.

8. Employees may convert up to a maximum of 980 hours of accrued sick leave during

the complete term of their employment with the County.

9. Employees may only convert sick leave to service credit 5 times prior to retirement.

10. Timely and eligible requests for conversion will be processed by the County in

accordance with PERS policies and procedures.

10.6. Accrual of Leave While on Leave Sick leave will continue to be credited to all persons while regularly employed by the County regardless

of whether an employee is on sick or annual leave. However, accrual of sick leave will cease upon

termination or when an employee is placed on leave without pay.

10.7. Accrual During Probation Each employee shall accrue sick leave during his/her probationary period but shall not be allowed to use

sick leave until the employee has been employed continuously for at least three (3) months.

10.8. Leave Sharing An employee who has more than 200 hours of sick leave accrued may donate sick leave to an employee

or employees who are on sick leave for catastrophic illness pursuant to the following restrictions:

A. The employee receiving the sick leave must have exhausted all of his/her available paid leave

including all sick leave and annual leave.

B. The employee receiving the sick leave may not be on leave for an on-the-job injury covered by

Workers’ Compensation Insurance.

C. The employee giving the sick leave must do so in writing and in blocks of eight (8) hours and

shall not exceed 120 hours in any fiscal year. The sick leave being given shall be indicated be on

a form provided by the County. (Appendix C.)

D. The grant of sick leave must be irrevocable to the employee that donated the leave. If the leave is

not used for the purpose donated it shall be donated to the catastrophic leave bank.

E. If a donation is made by an employee at a different pay rate than the receiving employee,

pursuant to N.R.S. 245.210.4, the donated time shall be converted into money at the hourly rate of

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the donor and the money shall then be converted into sick leave at the hourly rate of salary of the

recipient.

F. The total hours donated to an employee shall not exceed the number of hours necessary to avoid a

loss in pay between the time the employee exhausts his/her paid leave pursuant to subsection

10.8.1 and either the employee’s return to work or the employee’s eligibility for disability

insurance.

G. Last Resort Bank. Retiring employees may donate unpaid sick leave hours to the catastrophic sick

leave bank so long as the donation does not cause the bank to exceed 1000 hours. Such leave will

be available in amounts and for catastrophic purposes as determined by the County Manager.

a. “Catastrophe” means: (1) The employee is unable to perform the duties of his/her

position because of a serious illness or accident which is life threatening or which will

require a lengthy convalescence; (2) There is a serious illness or accident which is life

threatening or which will require a lengthy convalescence in the employee’s immediate

family.

H. The final decision as to whether any leave sharing will be allowed will rest with the County

Manager or his/her designee who will review the type of illness/injury to insure it is catastrophic,

prior leave usage by the employee requesting leave, and other matters as may be pertinent. The

decision of the County Manager or his/her designee is final.

11. INJURY ON DUTY LEAVE 11.1. Injury on Duty

Any unit employee who suffers an injury while working during the course of his/her employment for the

County shall be entitled to injury leave until said employee is able to return to work or is terminated in

any manner and subject to any limitations imposed by this Article or State Law. Injury means a sudden

and tangible happening of a traumatic nature, producing an immediate or prompt result and resulting from

external force, including injuries to artificial members. Any injury sustained by an employee while

engaging in an athletic or social event sponsored by the employer shall be deemed not to have arisen out

of or in the course of employment unless the employee received remuneration for participating in such

event. For purposes of this Article, coronary thrombosis, coronary occlusion, or any other ailment or

disorder of the heart, and any death or disability ensuing there from, shall not be deemed to be an injury

by accident sustained arising out of and in the course of the employment.

11.2. Coordination of Benefits When an employee is eligible at the same time for benefits under Chapter 616 or 617 of the Nevada

Revised Statutes and for sick leave or injury leave benefit, the amount of sick leave or injury leave benefit

paid to said employee shall not exceed the differences between their normal salary and the amount of any

benefit received, exclusive of payment of medical or hospital expenses under Chapter 616 or 617 of the

Nevada Revised Statutes for that pay period. Any usage of such sick leave shall be deducted from the

employee’s sick leave balance.

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12. OTHER LEAVES 12.1. Bereavement Leave

A regular, full-time or part-time employee who must be absent from work to attend the funeral of a family

member who is within the third degree of consanguinity or affinity may use up to a maximum of five (5)

days or forty (40) hours of bereavement leave per each occurrence. Bereavement leave longer than five

(5) days or forty (40) hours may be charged to accumulated annual leave, up to a maximum of two (2)

additional days or sixteen (16) additional hours, with the advance approval of the Department Head.

Employees who are not regular full-time or part-time employees may take up to five (5) days or forty (40)

hours of bereavement absence without pay. Supervisors or managers may require evidence of attendance

at the funeral. (Appendix B is a chart, which defines the degree of consanguinity and affinity.)

12.2. Maternity/Paternity Leave An employee is entitled to use, as appropriate, accumulated sick leave, accumulated annual leave, or

leave without pay for adoption purposes or as maternity/paternity leave (regardless of the type of delivery

or results of pregnancy) if the provisions below are met.

A. Maternity leave may be taken prior to the expected birth date of the child. B. To utilize sick leave the employee must be incapacitated and unable to work because of illness or

her pregnant condition. After birth or adoption sick leave may be utilized if the child is ill under

the provisions of 10.3 above. C. If, after exhausting accumulated sick leave, an employee needs additional time off from work

because she is incapacitated, accrued annual leave shall be granted. If additional time is required,

leave without pay may be granted by the statutory appointing authority. D. Pregnancy shall not jeopardize an employee’s job or seniority, except for leave without pay

limitations. The employee shall be responsible for reporting the pregnancy as soon as it is an

established fact so that steps may be taken to protect the employee’s health or modify her

working conditions and in order that any necessary staffing adjustments may be planned. 12.3. Interruption of Service

Leave benefits which may be lost by an employee due to termination or interruption of County

employment may be restored (repurchased) upon request by the department head and authorization by the

County Commissioners.

12.4. Military Leave Employees who are members of the uniformed services are entitled to military leave and to re-

employment rights as provided in 38 USC, sections 2021-2024, and 4302 et.seq. and the relevant sections

of the Nevada Revised Statutes. The uniformed services covered include the Army, Navy, Marines, Air

Force, Coast Guard, Public Health Service Commissioner Corps, the reserve components of these

services, and any other category dispatched by the President in time of war or national emergency. The

Army National Guard and Air National Guard are also covered.

12.4.1. Additional Paid Military Leave

In addition to the 15 working days of compensation for leave of absence for military duty as covered

under NRS 281.145, the County will also provide and additional six (6) days of paid military leave

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without loss of the employee’s regular compensation or accrued eligible leave. The additional days of

paid military leave will adhere to the same use cycle as the mandated 15 working days of compensation

for leave of absence for military duty.

12.5. Leave of Absence Without Pay Any unit employee, upon written application to his/her department head or his/her designee, may be

granted leave of absence without pay, subject to approval as stated below. Such leave shall not exceed

one (1) year.

12.5.1. Approval – Less Than 30 Days Leaves of absence without pay not exceeding 30 days may be granted by the department head.

12.5.2. Approval – More Than 30 Days For leaves of absence without pay in excess of thirty (30) days, the employee must obtain the approval of

the County Manager. Humboldt County may grant a leave in excess of thirty (30) days following written

certification by the employee to Humboldt County that the leave is consistent with the intent of this

section. Humboldt County reserves the right to not require the use of all accrued paid leave credits,

depending upon the nature and type of leave without pay taken by the employee.

12.6. Family and Medical Leave Act Compliance Family and medical leave for employees shall be governed by the provisions of the Federal Family and

Medical Leave Act (FMLA), as may be amended from time to time. Nothing in this Article is intended to

expand employee rights or benefits not extended in this law. Where there is a conflict between this

Article and the FMLA, the requirements of the FMLA governs.

12.6.1. Eligibility Employees who have been employed by Humboldt County for a total of 12 months and worked for

Humboldt County at least 1,250 hours during the preceding 12-month period and are employed at a work

site where 50 or more employees work for Humboldt County within 75 surface miles of that work site are

eligible for FMLA leave. When the 1,250 hours are calculated, the hours an employee was on vacation or

on leave, even if that vacation or leave was paid, do not count toward the 1,250 hours worked. However,

an employee who has a military service obligation must be credited with the hours of service that would

have been performed, but for the period of military service. The required 12 months of employment does

not have to be consecutive. There may be a break in service as long as it does not exceed seven years.

There is an exception to the seven-year condition for USERRA-covered military service or written

agreements. All employees meeting the above qualifications qualify for FMLA, regardless of their

seasonal, temporary, etc., status.

12.6.2. Compensation During Leave FMLA leave will be unpaid leave unless the employee has accrued paid leave and is otherwise eligible to

use the leave. If an employee requests leave for the employee’s own serious health condition, for the

serious health condition of the employee’s spouse, child, or parent, to provide military caregiver leave, or

exigency leave, the employee must use all of his/her accrued paid annual leave, sick leave (if it qualifies

under employers sick leave use requirements), compensatory time leave, and personal time off as part of

the FMLA leave. When substituting accrued paid leave, the employee must comply with the Humboldt

County procedural requirements, terms, and conditions of the paid leave policy as appropriate; the

42


remainder of the leave period will then consist of unpaid FMLA leave. Employees must be made aware

that they are required to use sick, annual, compensatory time and personal leave as appropriate, in the

rights and responsibilities notice Form WH-381: Notice of Eligibility and Rights & Responsibilities.

12.6.3. Intermittent or Reduced Schedule Leave When medically necessary (as distinguished from voluntary treatments and procedures) or for any

qualifying exigency, leave may be taken on an intermittent or reduced schedule basis. Leave for bonding

with a healthy newborn or placement of a healthy child for adoption or foster care is not considered

medically necessary and, therefore, may not be taken on a reduced schedule or intermittent basis unless

agreed to by Humboldt County. Employees needing intermittent leave or reduced schedule leave must

make a reasonable effort to schedule their leave so as not to disrupt unduly Humboldt County’s

operations. If leave is foreseeable, Humboldt County may require an employee on intermittent leave or

reduced schedule leave to temporarily transfer to an available alternative position for which the employee

is qualified if the position has equivalent pay and benefits and better accommodates the employee’s

intermittent or reduced schedule leave. Intermittent leave and reduced schedule leave reduces the 12-

week entitlement only by the actual time used. When an employee, who was transferred, no longer needs

intermittent or reduced scheduled leave, the employee must be placed in the same or equivalent position

held prior to when the leave commenced.

12.6.4. FMLA and Leave Benefits Concurrency FMLA leave will run concurrently with paid sick, vacation and/or personal leave. Unpaid FMLA leave

may also run concurrently with Workers’ Compensation leave or other benefits. The entitlement to

family and medical leave for the birth or placement of a child for adoption or foster care will expire

twelve months from the date of the birth or placement. If both an employee and his/her spouse are

employed by the County, their combined time off may not exceed twelve (12) workweeks during any

twelve-month period for birth, adoption, or foster care, or care of a parent with a serious health condition.

Each spouse is, however, eligible for the full twelve (12) weeks within a twelve-month period to care for

a son, daughter, or spouse with a serious health condition.

12.6.5. Additional FMLA Information "See personnel policy for additional FMLA information."

13. HOLIDAYS 13.1. Holidays Enumerated

The following days are declared to be legal holidays for County government offices:

New Year’s Day Nevada Day

Martin Luther King’s Birthday Veterans Day

President’s Day Thanksgiving Day

Memorial Day Day after Thanksgiving Day

Independence Day Christmas Day

Labor Day

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In addition to the above holidays, any other day that may be appointed by the President of the

United States as a National Holiday, the Governor of Nevada and/or the Board of County

Commissioners of Humboldt County shall be a paid holiday for County employees.

13.2. Observance of Legal Holidays All County offices close on the above listed legal holidays. If January 1, July 4, November 11, or

December 25 falls on a Saturday, the Friday before is observed as the legal holiday. If any of such days

falls on a Sunday, the Monday after is observed as the legal holiday. Holidays are recognized as eight (8)

hours in length, regardless of work schedule. For employees on schedules providing 24-hour coverage, a

holiday shall be recognized as the actual legal holiday, not the day observed by persons working a five-

day, forty-hour work week on a Monday through Friday schedule.

13.3. Floating Holiday In addition to the holidays listed above, employees who have completed one (1) full year of County

employment will receive one (1) eight (8) hour floating holiday per calendar year. Such holiday must be

used within the calendar year or it will be lost. An employee must schedule the use of the floating

holiday with their immediate supervisor in the same manner as annual leave and receive approval prior to

its usage.

13.3.1. Payment of Floating Holiday upon Voluntary Termination of Employment Upon voluntary termination from County employment, a maximum of eight (8) hours of unused floating

holiday time will be paid off at the employee’s regular rate of pay.

13.4. Holiday Pay Holiday pay shall be equal to the straight time pay normally received for the employee’s regular shift

assignment but shall not exceed eight (8) hours per holiday.

13.5. Holidays Not Worked Eligible employees who are not required to work on a recognized holiday shall receive holiday pay for the

shift they normally would have worked.

13.6. Holidays Worked The employee shall be compensated two and one-half times (2 ½) times the normal rate of pay for the

first eight hours worked. Those hours worked in excess of eight hours shall be paid in the normal rate of

pay.

13.7. Holiday During Annual Leave Should a paid holiday fall during an employee’s vacation the employee will receive holiday pay rather

than have such day charged against vacation pay.

13.8. Holiday Pay for Part-Time Employees Regular part-time employees shall receive holiday pay on a pro-rated basis when they would be normally

scheduled and available to work on the holiday in question. When a holiday falls on a part-time

employee’s regularly scheduled day off, the employee is not eligible for holiday pay.

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14. HOURS 14.1. Work Hours

Except in emergencies, the standard work week of full-time unit employees shall normally consist of five

(5) days of eight (8) hours each, exclusive of lunch period.

14.1.1. Alternative Work Schedules The County may, at its discretion, adopt alternative work schedules for employees at any work site or for

any work unit. The County will give the employees and the organization five days notice of a change to

alternative work schedule. The parties specifically acknowledge that employee schedules may be

changed periodically during the year. Requests for schedule changes from employees shall be considered

and a response provided. It is not the intent of this language to change the general scheduling practices of

the County.

14.1.2. Starting and Ending Times Each employee shall be assigned regular starting and ending times, which shall not be changed without

reasonable prior notice; however, Fairgrounds and Convention Center employees are assigned a variable

work schedule based upon facilities usage.

14.1.3. Time Reporting Employees are responsible for submitting accurate time cards or sheets accounting for time worked and

leaves used. Should it be necessary to change an employee’s time report, the employee shall be notified

of such change.

14.2. Rest Periods Except in emergencies, employees shall be granted a fifteen (15) minute rest period during each half-

work shift of four (4) hours or longer. Such breaks shall not be taken within one (1) hour of the

employee’s starting time, ending time, or meal break and shall not be accumulated or used to supplement

meal breaks, arrive at work late or leave work early. Such rest periods shall be taken without loss of pay

and the employee shall not be required to make up such time.

14.3. Hours for Sheriff’s Dispatchers and Central Control Operators The work shift for Dispatchers and Central Control Operators shall include briefing time, a lunch period

not to exceed thirty (30) minutes, and up to two fifteen (15) minute rest periods as workload allows.

14.4. Dispatcher and Central Control Operators Shift Preferences Two weeks prior to the posting of a new schedule of shift assignments, Dispatchers and Central Control

Operators may request shift assignment based on seniority. All shifts will be open to bid on by seniority.

The Sheriff will consider the preferences of staff along with the needs of the Sheriff’s Office and the

qualifications of individual employees when preparing the new schedule. If a Dispatcher or Central

Control Operator is assigned to the same shift for a third or successive shift change, the employee may

request that the Sheriff provide reasons for the shift assignment. The Sheriff will respond prior to the

implementation of the next shift schedule.

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15. OVERTIME COMPENSATION

15.1. Definitions

15.1.1. Overtime

That time as authorized and directed by management worked by a non-exempt employee which exceeds

forty (40) hours worked in a work week or eighty (80) hours in two (2) weeks if the employee is on an

alternative work schedule requiring twelve (12) hour shifts. The Department shall designate a work

period for FLSA purposes as necessary.

15.1.2. Hours Worked Those hours during which the employee is actually working, on annual leave, or paid holiday.

15.2. Overtime Pay An employee shall be paid for overtime worked. Pay for overtime worked shall be at one and one half (1-

1/2) times the normal hourly rate of the employee.

15.3. Compliance with the Fair Labor Standards Act Management shall make such changes in this article and any others as well as in practice in order to fully

comply with the Fair Labor Standards Act (FLSA) and any implementing regulations thereto. The

County shall notify the Association of proposed changes prior to implementation. Upon written request,

the County shall meet with Association representatives to negotiate the proposed changes; however,

nothing shall preclude the County from implementing changes to achieve compliance during the

negotiating period.

15.4. Travel Time for Training Employees who travel to a required training course during work hours shall have those hours counted as

time worked. Within a workweek, a department head may adjust the starting and quitting times of an

employee on a straight time basis to accommodate any hours accumulated during travel on County

business. If this is not possible, the additional hours will be treated as hours worked.

15.5. Accrual of Compensatory Time Dispatch and Central Control employees may, upon approval of the Sheriff, accrue compensatory time off

(CTO) in-lieu of pay for overtime worked. All compensatory time off shall be accrued at the rate of one

and one half (1 ½) hour of CTO for each hour of overtime worked. No employee may accumulate more

than forty (40) hours of compensatory time. When forty (40) hours is reached, the employee must use

some of the accumulated time before accumulating any additional compensatory time.

15.6. Cash Out of Accrued Compensatory Time Off

With thirty (30) days’ notice prior to the month of June and December of each year, an employee may

submit a request to the Department that the cash value or all or part of accumulated CTO be paid to the

employee. With thirty (30) days’ notice prior to June, the County may, at its discretion, pay off all but

thirty (30) days of an employee’s CTO bank.

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15.7. Cash Out of Compensatory Time Off upon Promotion

If an employee is selected for promotion, he or she must cash out any accrued CTO prior to the start of his

or her first shift in the promotional status/position.

16. MILEAGE AND PER DIEM REIMBURSEMENT 16.1. Mileage

Humboldt County will attempt to make a vehicle available for official use to employees when so required.

If there are no Humboldt County vehicles available and the employee must use a personal vehicle,

mileage will be reimbursed at the per mile rate set by the IRS. If an employee drives a personal vehicle

when commercial air travel would be more efficient, the mileage reimbursement will be limited to the

cost of the airfare.

If a county vehicle is available and an employee chooses to use a private vehicle the employee

shall be reimbursed at ½ of the mileage rate set by the IRS.

16.2. Per Diem Payments The County will continue to make per diem payments to employees required to travel on County business

at the rates established by the Nevada Legislature or County policy, whichever is higher. An employee is

eligible for per diem when traveling on County business beyond the boundaries of Humboldt County or

as otherwise provided by County policy. Employees are not required to provide receipts specifying how

the per diem funds were expended.

17. ROAD DEPARTMENT ASSIGNMENTS

17.1. Reporting Requirements

A Road Department employee assigned a County vehicle will be required to report to his/her area

(Golconda, Paradise Valley, Orovada, Denio, and Winnemucca) at the beginning of the workday and at

the end of the workday. The crew or other employees not assigned a County vehicle shall report to the

Winnemucca shop at the beginning and end of the workday. However, should an employee be assigned

to another area they will be furnished a vehicle and will be required to report to the assigned

worksite/location at the beginning of the shift and remain working as directed until the end of the shift.

Except in case of emergency, every effort will be made to give 24-hour notice of change in the work area.

17.2. Exceptions Occasional changes in location for starting or ending the shift for such activities including, but not limited

to, attending meetings, picking up or dropping off materials/equipment at the shop, will not result in a

work site change provided that the activities are within the normal shift schedule. For example, should an

employee be assigned to report to the yard to begin the workday with a safety meeting and the employee

then returns to his/her normal work site for the remainder of the shift, his/her return to Winnemucca at the

end of the workday is not considered time worked.

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17.3. Camping Assignments When the County requires camping for a special project, the affected employee(s) will be paid per diem

for non-provided services (e.g., housing, food, etc.) pursuant to 16.2 of this Agreement. All travel at the

beginning and end of a camp week will be on County time.

18. COURT DUTY

18.1. Jury Duty or Witness

Employees and officials will receive their regular pay while serving as a juror, or as a witness in any

matter directly related to his/her County employment. Annual leave will not be affected while serving as

a juror or a witness. If the employee or official receives a fee for such service performed during paid

working hours, the fee must be turned over to the County Treasurer. However, the employee or official

may retain any travel or expense reimbursement. Unless otherwise authorized by the Department Head,

any time not required by court duty and necessary travel, the employee will be at work.

18.1.1. Dispatch Employee Subpoena Dispatch employees who begins a court appearance in response to a subpoena during non-scheduled work

time shall be paid for a minimum of two hours at the applicable rate of pay.

18.1.2. Canceled Appearance – Dispatch Employee Dispatch employees who are scheduled to appear in court during a non-scheduled work time shall receive

a minimum of two hours pay if the appearance is canceled after 4:45 p.m. on the weekday preceding the

scheduled appearance. It shall be the scheduled employee’s responsibility to contact designated Sheriff’s

Office personnel to receive any notice of cancellation. Payment for canceled appearances shall be made

only if the scheduled employee contacts the assigned Sheriff’s Office personnel after 4:45 p.m. on the

weekday preceding the scheduled appearance to receive notice of any cancellation.

18.1.3. Hours Outside Scheduled Work Time This section shall not apply to court appearances scheduled for the hour before or the hour after an

employee’s work shift.

19. GRIEVANCE PROCEDURE

19.1. Definitions

19.1.1. Grievance A grievance is a claimed violation, misapplication, and misinterpretation of a specific provision of this

Agreement, which adversely affects the grievant. The exercise or lack of exercise of Employer Rights

(Article 4) shall not be grievable.

19.1.2. Grievant A grievant is a unit member or the Association who is filing a grievance as defined above. Alleged

violations, misapplications or misinterpretations which affect more than one (1) employee in a

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substantially similar manner may be consolidated at the discretion of management or the Association as a

group grievance and shall thereafter be represented by a single grievant.

19.1.3. Day Day shall mean a day in which the County’s main administrative office is open for business.

19.2. Process

19.2.1. Informal Resolution Within seven (7) working days from the event giving rise to a grievance or from the date the employee

could reasonably have been expected to have had knowledge of such event, the grievant shall orally

discuss his/her grievance with his/her supervisor. A supervisor shall have five (5) working days to give

an answer to the employee.

19.2.2. Formal Levels

Level 1: If a grievant is not satisfied with the resolution proposed at the informal level, the grievant may,

within ten (10) working days of such receipt of such answer, file a formal written grievance with his/her

supervisor containing a statement describing the grievance, the section of this Agreement allegedly

violated, and remedy requested. The supervisor shall, within ten (10) working days, have a meeting with

the grievant regarding the information provided.

Level 2: If the grievant is not satisfied with the written answer at Level 1, the grievant may, within five

(5) working days from the receipt of such answer, file a written appeal to the department head. Within

ten (10) working days of receipt of the written appeal, the department head or his/her designee shall

investigate the grievance, which may include a meeting with the concerned parties and, thereafter give

written answer to the grievant within ten (10) working days.

Level 3: If the grievant is not satisfied with the written answer from Level 2, the grievant may, within five

(5) working days from the receipt of such answer, file a written appeal to the County Manager. Within

fifteen (15) working days of receipt of the written appeal, the County Manager or his/her designee, shall

investigate the grievance which may include a meeting with the concerned parties, and thereafter give

written answer to the grievant within five (5) working days, which answer shall be final and binding

unless, for matters subject to arbitration, within ten (10) working days, the Association notifies the

County Manager of its intention to appeal the matter to arbitration.

19.3. General Provisions

19.3.1. Failure to Carry Forward If a grievant fails to carry his/her grievance forward to the next level within the prescribed time period,

the grievance shall be considered withdrawn with prejudice.

19.3.2. Failure to Respond If a supervisor, manager, Department Head, County Manager, or their designee fails to respond with an

answer within the given time period, the grievant may appeal his/her grievance to the next higher level as

if a negative response had been received on the final day allowed for a management response.

49


19.3.3. Representation The grievant(s) may have representation at any level of this procedure.

19.3.4. Waiver of Time Limits Time limits and formal levels may be waived by mutual written consent of the parties.

19.3.5. Service Proof of service shall be by certified mail, e-mail or personal service.

19.3.6. Copy to Association The Association shall receive a copy of all grievances filed at the department head’s level of this

grievance procedure, where such grievance is not being processed by the Association.

19.3.7. Effect of a Grievance The making or filing of a grievance shall not prevent the County, a department head or supervisor or other

authorized person from taking action deemed appropriate, nor shall it have the effect of suspending action

previously taken even though the action may involve or be a part of the subject matter of the grievance.

19.3.8. Advancing to Arbitration No grievance may proceed to arbitration without the signature of the President of the Association.

20. DISCIPLINARY ACTION

20.1. Types of Discipline

Disciplinary action may be imposed upon an employee for just cause, which includes but is not limited to

failing to adequately fulfill his/her responsibilities as an employee and on- or off-duty conduct, which

relates to an employee’s ability to satisfactorily perform his/her job. Examples of the type of disciplinary

action, which may be imposed, include the following:

20.1.1. Oral Reprimand An oral correction addressed to an employee by his supervisor as to the propriety of an employee’s

action(s) or inaction(s).

20.1.2. Written Reprimand A written criticism of an employee’s conduct, usually concerning an infraction of county rules of conduct,

regulations or performance. The reprimand is to be in written form, signed by the employee and the

supervisor. A copy will remain with the supervisor issuing such reprimand, a copy delivered to the

employee, with an additional signed copy to the official personnel file in the County Manager’s Office.

Upon written request of the employee, a copy shall also be forwarded to the Employee’s Association.

Signature by the employee shall not constitute agreement with the criticism but only recognition of the

receipt of the written criticism.

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20.1.3. Disciplinary Leave Without Pay Disciplinary leave without pay means a disciplinary measure providing that the employee receive one or

more days off without pay.

20.1.4. Administrative Leave With Pay There are times during an inquiry into alleged misconduct that it would appear to be in the best interests

of both the County and employee to relieve the employee from duty, pending the outcome of the inquiry.

In the event such Administrative Leave during a period of review is thought to be necessary, such

Administrative Leave shall not cause loss of pay or other privileges attached to the position as an

employee of the County unless later converted to Disciplinary Leave Without Pay. Administrative Leave

With Pay does not comprise a form of discipline in and of itself unless it has been so designated in a

particular case.

20.1.5. Discharge Termination of the services of an employee of Humboldt County for a gross violation of laws, ordinances,

or rules and regulations; or for numerous violations of rules and regulations; or for inability or refusal to

properly perform duly assigned tasks; for substance abuse or other actions which constitute cause for

discharge. Discharge shall be imposed by the department head, and shall be by written notice to the

employee concerned. One copy of such notice shall be delivered to the employee concerned, and one (1)

copy of the appropriate form shall be placed in the employee’s official personnel file in the County

Manager’s Office. Upon written request of the employee, a copy shall also be forwarded to the

Employee’s Association.

20.2. Classifications of Discipline Oral reprimands, written reprimands, suspensions with pay and suspensions without pay for two (2) days

or fewer shall be considered Minor Disciplinary Actions. Suspensions without pay for three (3) days or

longer, disciplinary demotions, and discharges shall be considered Severe Disciplinary Actions.

20.3. Procedure for Imposing and Appealing Minor Disciplinary Actions Minor Disciplinary Actions may only be appealed by an employee who has successfully completed the

initial hire probationary period for the current County employment. The following procedures shall apply

exclusively to Minor Disciplinary Actions except Oral Reprimands, for which there shall be no appeal:

20.3.1. Notice of Action When a supervisor or manager believes it is necessary to impose a minor disciplinary action on an

employee, the supervisor shall notify the employee in writing of his/her decision stating the reason for the

action, the regulations or rules which have been violated, the specific action to be taken, and the effective

date of the action.

20.3.2. Appeal of Minor Disciplinary Action Within five (5) working days from receipt of the written notification, an employee who has received a

written reprimand or short suspension without pay, but believes the discipline is unwarranted may appeal

the action up to Level 3 of the Grievance Procedure (Article 19) of this Agreement for a final decision.

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20.4. Procedure for Imposing and Appealing Severe Disciplinary Actions Severe Disciplinary Actions may only be appealed by an employee who has successfully completed the

initial hire probationary period for their current County Employment. The following procedures shall

apply exclusively to severe disciplinary actions:

20.4.1. Notice of Proposed Action Before taking action to discharge, demote, or suspend a non-probationary unit employee without pay for a

period of five (5) working days or longer, the department head or his/her designee shall serve on the

employee and, upon written request of the employee, the Association, either personally or by certified

mail, the Notice of Proposed Action, which shall contain the following:

A. A statement of the action proposed to be taken.

B. A copy of the charges, including the acts of omissions and grounds upon which the action is

based.

C. If it is claimed that the employee has violated a rule or regulation of the County, department or

district, a copy of said rule shall be included with the notice.

D. A statement that the employee may review and request copies of materials upon which the

proposed action is based.

E. A statement that the employee has five (5) working days to respond to the department head or

his/her designee either orally or in writing. If the employee chooses to reply orally, the employee

is entitled to a meeting with the department head or his/her designee.

20.4.2. Response. The employee upon whom a Notice of Proposed Action has been served shall have five (5) working days

to respond or protest to the department head or his/her designee either orally or in writing before the

proposed action may be taken. Upon application and for good cause, the department head or his/her

designee may extend the time period to respond. Any extensions shall be granted in writing or by e-mail.

20.4.3. Response Meeting If the employee chooses to respond orally, the employee shall be entitled to a personal meeting with the

department head or his/her designee. At such meeting, the employee may be accompanied by an attorney

or Association representative.

20.4.4. Review/Action After complying with the applicable requirements of sections above and having reviewed the employee

response, if any, given pursuant to the Response section above, the department head or his/her designee

may order the discipline or discharge of the employee. Such order shall:

A. Be in writing.

B. State specifically the causes for the action.

C. State the effective date of such action, and

D. Be served on the employee and, upon written request of the employee, the Association, either

personally or by certified mail.

20.4.5. Protest

A non-probationary employee or the Association, on behalf of a non-probationary employee, may protest

severe disciplinary action, which protest shall be considered an appeal and processed in accordance with

Level 3 of Article 19, Grievance Procedure and, thereafter if necessary, through Article 21, Arbitration.

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20.4.6. Sole Remedy

The procedures provided herein are in lieu of any remedy provided by NRS 245.065 for appealing and

resolving protests of disciplinary action.

21. ARBITRATION

21.1. Designation

The parties will attempt to agree upon a professional neutral to serve as an Arbitrator. In the event

agreement cannot be reached to select an Arbitrator, the parties agree to solicit a list of seven (7)

professional neutrals from the FMCS and alternately strike names from such list until one (1) name

remains or follow the procedure required by the agency supplying the list. That remaining person so

selected shall serve as Arbitrator. The party to strike first shall be determined by lot.

21.2. Matters Not Subject to Arbitration Procedure

Proposals to create, add to, or change this written agreement or addenda supplementary hereto shall not be

grievable nor submitted to an Arbitrator and no proposal to modify, amend, or terminate a negotiated

agreement, nor any matter or subject arising out of or in connection with such proposal, may be referred

to this process.

21.3. Rules of Evidence

Strict rules of evidence shall not apply.

21.4. Privacy of Hearings

All hearings held by an arbitrator shall be closed sessions and no news releases shall be made concerning

progress of the hearings.

21.5. Authority of Arbitrator

Decision of an Arbitrator on matters properly before him/her shall be final and binding on the parties. No

Arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute

involves an eligible employee in this represented unit and unless such dispute falls within the definition of

a grievance as set forth in Article 19, Grievance Procedure, or is an appeal from severe disciplinary

action, and has been processed in accordance with all provisions thereof and herein. The Arbitrator’s

authority shall be limited only to the application and interpretation of the provisions of this negotiated

agreement.

21.6. Costs

The fees and expenses of the Arbitrator and of a court reporter, if used, shall be shared equally by the

employee organization or the grievant, if the grievant is not represented by the Association, and the

County. Each party, however, shall bear the cost of its own presentation including preparation and post-

hearing briefs, if any. Provided, however, if either party rejects the Arbitrator’s decision as evidenced by

overturning it or seeking relief in Court to have it vacated or modified, that party shall assume full

responsibility for all jointly incurred costs of the Arbitrator process. For the purposes of this section the

parties shall be considered as either: the County and the Employees Association or, if a grievant is not

represented by the Association, the County and the grievant(s). The Association agrees to indemnify and

hold the County harmless from any claims, awards and/or judgments resulting from the failure of the 53


Association or any of its principals in meeting and/or satisfying any costs assigned by a responsible third

party authority under the terms, rights and obligations of this Article 21.

22. PERSONNEL FILES

22.1. Review and Release of Information

Each employee shall have the right, upon written request, to review the material in his or her own

personnel file during duty hours. A representative chosen by the employee may, at the employee’s

request, accompany the employee in this review. Materials shall be released only for the purpose of

processing grievances and for County legal documentation, except when written consent is given by the

employee or when required by law.

22.2. Placing Material in File

All material in the file must be signed by the source of the material and dated. No anonymous letters or

material shall be placed in a personnel file.

22.3. Review of Written Statements by Employee

No written statement related to the employee’s assigned duties or responsibilities shall be placed in the

employee’s personnel file until after the employee has had an opportunity to review it. The employee will

be allowed to attach a written response to any notice of discipline placed in his/her file.

22.4. Copies of Personnel File

An employee will, on written request to the County Manager, receive copies of all materials in his/her

personnel file. The County may assess a reasonable fee for providing such copies.

22.5. Comments from the Public

Comments from the public shall be placed in an employee’s personnel file only if the comment is an

attachment to documentation of performance prepared by a County supervisor or manager.

23. LAYOFF PROCEDURE

23.1. Positions to be Eliminated

If the County determines the need for a reduction in its work force, written notice of not less than two (2)

weeks shall be provided to regular employees to be laid off. The County will determine the positions to

be eliminated and the employees to be laid off within each affected job class. The County’s

determination shall be based on consideration of performance, qualifications and seniority within the job

class within the affected department.

23.2. Order of Layoff

Initially the County shall consider employees for layoff using the criteria of performance, qualifications

and seniority within the job class and department. When selecting which employee will be laid off, the

County will review the qualifications of the employees in the affected job class. If the County finds:

A. The employee has qualifications not possessed by another employee and

B. The qualifications are needed by the department, then the County may layoff other employee(s).

54


Qualifications to be considered shall include knowledge, skill, ability, licenses, and certificates required

for job functions to be assigned to the remaining staff, as well as previous experience in performing the

essential functions and job performance. Job performance shall be determined on the basis of the

employee’s record of job performance as documented in the employee’s personnel file.

23.3. Layoff Appeal Procedure

23.3.1. Notice of Appeal

In the event that an employee who has been laid off out of seniority order believes the decision based

upon performance and qualifications is incorrect, the employee may request that the Association appeal

the County’s determination. If the Association finds there is reason to believe that the County has erred in

its decision, it may appeal through the process set forth in this article. Such appeal shall be filed with the

County Manager within five (5) working days of delivery of the layoff notice to the employee.

23.3.2. Appeal Review Committee

When an appeal is filed, the Association shall appoint two persons to serve on a review committee at the

time of the appeal. The County shall then appoint two persons to the committee. Each of the persons

appointed to the committee shall, to the extent possible, be familiar with either the work of the department

or of the job class from which layoff is to be made. The committee shall meet within five (5) days of

delivery of the notice of appeal to the County. It shall review the basis for the County’s layoff decision

and the reasons the employee believes the decision is in error. The committee shall then by majority vote

determine whether the County decision was reasonable and on that basis either confirm or reject the

County’s decision. If the committee cannot reach agreement regarding the County’s decision regarding

order of layoff, it shall within three (3) days of its initial meeting, request the participation of a federal or

other mutually acceptable mediator. The services of the mediator will be jointly requested by the County

and the Association on an urgent basis. The mediator will seek to achieve a consensus decision among

the committee members. If no decision is reached the mediator shall become a voting member of the

committee. The determination of the committee regarding the appropriate order of layoff shall be final

and binding and may not be grieved or appealed.

23.4. Recall Rights

Laid off employees will have a right to return to a vacancy in the same class and department from which

they were laid off. Recall shall be in inverse order of layoff. No probationary period shall be required.

23.4.1. Recall List

Employees shall remain on a recall list for two years following the date of layoff provided, however, laid

off employees shall be removed from the recall list if:

A. They accept recall to a position in a class at the same salary range as the position from which they

were laid off, or

B. They decline appointment to a position in the same department and in a class at the same salary

range as the position from which their layoff occurred, or

C. They fail to report for duty within fifteen (15) calendar days of mailing of notice of recall to

County employment.

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23.4.2. Recall Notice

Notice of recall or available position may be made in person or by U.S. Mail, return receipt requested. It

is the responsibility of each laid off employee to notify the County Manager’s Office of his/her current

address.

23.4.3. Recall to Other Vacant Positions

When there is no one on a recall list for the department and class in which a vacancy exists, those on the

recall list shall be considered for the vacancy before any other applicant is considered for appointment

when the following conditions exist:

A. Temporary work within the job class or for which the laid off employee is qualified - Work shall

be offered to the laid off employee.

B. Vacant position at the same or lower range and in the same department from which the employee

was laid off - Position shall be offered to the laid off employee, subject to completion of a

probationary period, if the employee meets the qualifications for hire; and

C. Vacant position at the same or lower range but in a different department from which the

employee was laid off - Employee shall be considered for the position and may be offered the

position, subject to completion of a probationary period, if qualified.

D. An employee who fails to meet the probationary period prescribed by this section of the

Agreement will be returned to layoff status.

24. PEACEFUL PERFORMANCE

24.1. Prohibitions

The parties to this Agreement recognize and acknowledge that the services performed by the County

employees covered by this Agreement are essential to the public health, safety, and general welfare of the

residents of the County of Humboldt. Association agrees that under no circumstances will the

Association recommend, encourage, cause or permit its members to initiate, participate in, nor will any

member of the bargaining unit take part in, any strike, sit-down, stay-in, sick-out, slow-down or picketing

in connection with a labor dispute (hereinafter collectively referred to as work-stoppage), in any office or

department of the County, nor to curtail any work or restrict any production, or interfere with any

operation of the County. In the event of any such work stoppage by any member of the bargaining unit,

the County shall not be required to negotiate on the merits of any disputes which may have given rise to

such work stoppage until said work stoppage has ceased.

24.2. Responsibilities of Association

In the event of any work-stoppage, during the term of this Agreement, whether by the Association or by

any member of the bargaining unit, the Association by its officers, shall immediately declare in writing

and publicize that such work-stoppage is in violation of law and this Agreement and is unauthorized, and

shall further direct its members in writing to cease the said conduct and resume work. Copies of such

written notice shall be served upon the County. In the event of any work-stoppage and the Association

promptly and in good faith performs the obligations of this paragraph, and providing the Association had

not otherwise authorized, permitted or encouraged such work-stoppage, the Association shall not be liable

for any damages caused by the violation of this provision. However, the County shall have the right to

discipline, to include discharge, any employee who instigates, participates in, or gives leadership to, any

56


work-stoppage activity herein prohibited, and the County shall have the right to seek full legal redress,

including damages, as against any such employee.

25. FULL UNDERSTANDING, MODIFICATION AND WAIVER 25.1. Full Understanding

It is intended that this Agreement sets forth the full and entire understanding of the parties regarding the

matters set forth herein and all other topics subject to bargaining, and therefore any other prior or existing

understanding or agreement by the parties, whether formal or informal, written or unwritten, regarding

such matters are hereby superseded or terminated in their entirety.

25.2. No Interim Bargaining

It is agreed and understood that during the negotiations which culminated in this Agreement each party

enjoyed and exercised without restraint, except as provided by law, the right and opportunity to make

demands and proposals or counter-proposals with respect to any matter subject to bargaining and that the

understandings and agreements arrived at after the exercise of that right are set forth in this Agreement.

The parties agree, therefore, that the other shall not be required to negotiate with respect to any subject or

matter, whether referred to or not in this Agreement.

25.3. Modification

Any agreement, alteration, understanding, waiver or modification of any of the terms or provisions

contained in this Agreement shall not be binding on the parties unless made and signed in writing by all

of the parties to this Agreement, and if required, approved and implemented by the department head

and/or the Board of County Commissioners.

25.4. Waiver

The waiver of any breach, term or condition of this Agreement by either party shall not constitute a

precedent in the future enforcement of all its terms and provisions.

26. SAVINGS

If any provisions of this Agreement are held to be contrary to law by a court of competent jurisdiction,

such provision will not be deemed valid and subsisting except to the extent permitted by law, but all other

provisions will continue in full force and effect.

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27. TERM OF AGREEMENT

The County and the Association agree that the term of the Agreement shall commence on July 1, 2018

and expire at midnight on June 30, 2020. The County may reopen this agreement to renegotiate during its

term to address a “fiscal emergency” in accordance with the requirements of NRS 288.150(4). Unless

otherwise noted herein, any changes caused by the approval of this agreement shall be prospective.

FOR THE COUNTY: FOR THE ASSOCIATION:

________________________ ________________________

Ron Cerri, Betty Lawrence

Chairperson President

Board of Commissioners Humboldt County Employees

Humboldt County Association

Dated: _______________ Dated: ______________

58


Appendix Appendix A – Humboldt County Range Assignments by Classification

HCG 13

o Library Assistant

o Office Assistant

HCG 15

o Administrative Clerk I

o Custodial Worker

o Facilities Attendant

o Maintenance Worker

o Road Maintenance Worker

HCG 16

o Library Technician

o Mechanic I

o Water/Wastewater Specialist I

HCG 17

o Library Specialist – Community

HCG 18

o Maintenance Engineer Trainee

o Senior Library Technician

o Senior Library Technician - Bookmobile

HCG 19

o Administrative Clerk II

o Child Support Caseworker I

o Detention Center Control Room Operator

o Justice Court Clerk I*

HCG 20

o Accounting Technician I

o Administrative Clerk III

o Drafting Technician Trainee

o Fairgrounds Attendant

o Legal Secretary I

HCG 21

o Administrative Clerk IV

o Appraisal Data Collector

o Appraiser Trainee

o Building Inspector I

o Library Specialist – Bookmobile

o Permit Technician

o Planning Technician

o Technical Specialist

o Volunteer & Events Specialist

o Justice Court Clerk II*

HCG 22

59


o Accounting Technician II

o Administrative Specialist

o Child Support Caseworker II

o Justice Court Clerk III*

o Legal Secretary II

o Library Specialist

o Road Maintenance Equipment Operator

o Technology Support Technician I

o Water/wastewater Specialist II

HCG 23

o Accounting Technician III

o Building Inspector II

o Corrections Cook

o Deed & Title Review Specialist

o Maintenance Engineer

o Marketing & Sales Coordinator

o Marketing & Special Event Coordinator

o Mechanic II

o Personal Property Appraiser I

o Plans Examiner

o Senior Planning Technician

HCG 24

o Central Control Operation Supervisor

o Facilities Attendant Supervisor

o Fairgrounds Attendant Supervisor

o Legal Secretary III

o Road Maintenance Supervisor

o Mechanic Supervisor

o Technology Support Technician II

o Senior Water/wastewater Specialist

HCG 25

o GIS Technician

o Personal Property Appraiser II

HCG 26

o Appraiser

o Communications Technician I

o Technology Network Engineer I

HCG 27

o Building Inspector III

o Child Support Supervisor

HCG 28

o Communications Technician II

o Justice Court Administrator

o Legal Office Supervisor**

HCG 29

o Communications Technician III

o Technology Network Engineer II 60


HCG 312

o

o Dispatcher Trainee

HCG 326

o Dispatcher

HCG 346

o Dispatch Supervisor

*Ineligible for membership in the Humboldt County Employees Association

**District Attorney’s Office Employee

Note: County Manager’s Office and Comptroller/Auditor’s Department staff are confidential.

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Appendix B – Consanguinity/Affinity Chart

INSTRUCTION:

For Consanguinity (relationship by blood) calculations:

Place the public officer/employee for whom you need to establish relationships by consanguinity in the

blank box. The labeled boxes will then list the relationship by title to the public officer/employee and the

degree of distance from the public officer/employee.

Anyone in a box numbered 1, 2, or 3 is within the third degree of consanguinity.

For Affinity (relationship by adoption, marriage or domestic partnership) calculations:

Place the spouse or domestic partner of the public officer/employee for whom you need to establish

relationships by affinity in the blank box. The labeled boxes will then list the relationship by title to the

spouse or domestic partner and the degree of distance from the public officer/employee by affinity.

Spouses are related in the first degree of affinity by marriage and domestic partners are related in the first

degree of affinity by domestic partnership. For adoption and other relationships by marriage or domestic

partnership, the degree of relationship is the same as the degree of underlying relationship by blood.

62

AGREEMENT BETWEEN THE COUNTY OF


EMPLOYEES ASSOCIATION

(AMENDED)

2018-2020

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Table of Contents 1. PARTIES AND THEIR AUTHORIZED AGENTS ......................................................................... 9

1.1. Parties ................................................................................................................................................... 9

1.2. Authorized Agents ................................................................................................................................. 9

2. ASSOCIATION RECOGNITION AND DUES DEDUCTION ....................................................... 9

2.1. Exclusive Representation ...................................................................................................................... 9

2.2. Bargaining Unit Defined ....................................................................................................................... 9

2.3. Dues Deduction ..................................................................................................................................... 9

2.3.1. Authorization ................................................................................................................................. 9

2.3.2. Amount of Dues ........................................................................................................................... 10

2.3.3. Indemnification ........................................................................................................................... 10

2.4. Stewards .............................................................................................................................................. 10

2.4.1. Association Representatives Role ............................................................................................... 10

2.5. Bulletin Board ..................................................................................................................................... 10

2.6. Meetings .............................................................................................................................................. 10

2.7. Unit Membership ................................................................................................................................ 11

3. NON-DISCRIMINATION ................................................................................................................. 11

3.1. Non-Discrimination ............................................................................................................................ 11

3.2. Appeal of Alleged Violations............................................................................................................... 11

4. EMPLOYER RIGHTS ...................................................................................................................... 11

5. PROCEDURE FOR FILLING VACANCIES ................................................................................ 12

5.1. Posting ................................................................................................................................................ 12

5.2. Association Copy ................................................................................................................................ 12

5.3. Applications ........................................................................................................................................ 12

5.4. Consideration ...................................................................................................................................... 12

6. PROBATIONARY PERIOD ............................................................................................................ 12

6.1. Probationary Status ............................................................................................................................ 12

6.2. Review During Probationary Period .................................................................................................. 12

6.3. Probationary Period Upon Promotion or Transfer ............................................................................ 13

6.4. Voluntary Request to Return from Promotion .................................................................................... 13

7. WAGES AND MONETARY BENEFITS ....................................................................................... 13

7.1. Wages. ................................................................................................................................................. 13

7.1.1. Fiscal Year 2018-2019 ................................................................................................................ 13

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7.1.2. Fiscal Year 2019-2018 ................................................................................................................ 13

7.1.3. Merit Pay .................................................................................................................................... 13

7.2. Public Employees Retirement System ................................................................................................. 13

7.2.1. Employee Participation............................................................................................................... 13

7.2.2. County Contribution ................................................................................................................... 14

7.2.3. Nevada Legislature Mandated Increases .................................................................................... 14

7.2.4. Nevada Legislature Undesignated Contribution Increases ........................................................ 14

7.2.5. Nevada Legislature Undesignated Decreased Contribution Rates ............................................. 14

7.3. Longevity Steps ................................................................................................................................... 14

7.4. Pay Days ............................................................................................................................................. 14

7.5. Annual Merit Review ........................................................................................................................... 14

7.5.1. Merit Steps .................................................................................................................................. 14

7.5.2. Eligibility..................................................................................................................................... 14

7.5.3. Merit Review Date ...................................................................................................................... 15

7.6. Date of Hire ........................................................................................................................................ 15

7.7. Call Back ............................................................................................................................................. 15

7.7.1. Reporting for Call Back .............................................................................................................. 15

7.7.2. Premium Pay ............................................................................................................................... 15

7.8. Education Incentive ............................................................................................................................ 15

7.8.1. Request for Participation in Education Incentive Program ....................................................... 15

7.8.2. Education Incentive Program Funding and Employee Expectations ......................................... 15

7.8.3. Spanish or Sign Language Course Incentive .............................................................................. 16

7.9. Shift Differential .................................................................................................................................. 16

7.10. Dispatcher Training Pay ............................................................................................................. 16

7.10.1. Training Dispatcher Pay Amount ............................................................................................... 16

7.10.1.1. Section Interpretation ............................................................................................................. 16

7.11. Working Above Classification ..................................................................................................... 16

7.12. Requests for Consideration of Reclassification .......................................................................... 17

7.12.1. Request for Consideration of Reclassification Steps .................................................................. 17

8. HEALTH AND WELFARE BENEFITS ......................................................................................... 17

8.1. County Contribution to Cost of Health and Accident Insurance ........................................................ 17

8.1.2. County Contribution towards High Deductible Health Plan with an Associated Health Savings

Account 18

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8.1.3. Amounts beyond the County’s Contribution ............................................................................... 18

8.1.4. County Contribution to membership in Care Flight’s Flight Plan ............................................. 18

8.2. Eligibility for Health Insurance Programs ......................................................................................... 18

8.3. Insurance Benefits Review Committee. ............................................................................................... 18

8.4. Detention Facility Benefits.................................................................................................................. 19

8.5. Dependent Coverage ........................................................................................................................... 19

8.6. Workers’ Compensation Insurance ..................................................................................................... 19

8.7. Unemployment Compensation. ........................................................................................................... 19

8.8. Retirement ........................................................................................................................................... 19

8.9. Commercial Drivers Licenses Physical Examinations ....................................................................... 19

9. ANNUAL LEAVE ............................................................................................................................. 19

9.1. Accrual ................................................................................................................................................ 19

9.2. Schedule of Accrual of Annual Leave ................................................................................................. 19

9.3. Accrual During Probation .................................................................................................................. 20

9.4. Accrual of Leave While on Leave ....................................................................................................... 20

9.5. Approval for Use of Annual Leave ...................................................................................................... 20

9.5.1. Annual Leave Conflicts. .............................................................................................................. 20

9.6. Carry-over of Annual Leave to Following Year ................................................................................. 20

9.7. Payment on Separation ....................................................................................................................... 20

9.8. Payment on Death ............................................................................................................................... 21

9.9. Part-time employees ............................................................................................................................ 21

9.10. Interrupted Service ...................................................................................................................... 21

10. SICK LEAVE ..................................................................................................................................... 21

10.1. Entitlement .................................................................................................................................. 21

10.2. Sick Leave Accrual ...................................................................................................................... 21

10.3. Authorization for Usage .............................................................................................................. 21

10.3.1. Immediate Family Defined .......................................................................................................... 21

10.4. Evidence of Authorized Usage .................................................................................................... 22

10.5. Sick Leave Payoff ........................................................................................................................ 22

10.5.1. Conversion to Retirement credit prior to retirement .................................................................. 22

10.6. Accrual of Leave While on Leave ............................................................................................... 23

10.7. Accrual During Probation .......................................................................................................... 23

10.8. Leave Sharing ............................................................................................................................. 23

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11. INJURY ON DUTY LEAVE ............................................................................................................ 24

11.1. Injury on Duty ............................................................................................................................. 24

11.2. Coordination of Benefits ............................................................................................................. 24

12. OTHER LEAVES ............................................................................................................................. 25

12.1. Bereavement Leave ..................................................................................................................... 25

12.2. Maternity/Paternity Leave .......................................................................................................... 25

12.3. Interruption of Service ................................................................................................................ 25

12.4. Military Leave ............................................................................................................................. 25

12.5. Leave of Absence Without Pay .................................................................................................... 26

12.5.1. Approval – Less Than 30 Days ................................................................................................... 26

12.5.2. Approval – More Than 30 Days .................................................................................................. 26

12.6. Family and Medical Leave Act Compliance ............................................................................... 26

12.6.1. Eligibility..................................................................................................................................... 26

12.6.2. Compensation During Leave ...................................................................................................... 26

12.6.3. Intermittent or Reduced Schedule Leave..................................................................................... 27

12.6.4. FMLA and Leave Benefits Concurrency ..................................................................................... 27

12.6.5. Additional FMLA Information .................................................................................................... 27

13. HOLIDAYS ........................................................................................................................................ 27

13.1. Holidays Enumerated .................................................................................................................. 27

13.2. Observance of Legal Holidays .................................................................................................... 28

13.3. Floating Holiday ......................................................................................................................... 28

13.3.1. Payment of Floating Holiday upon Voluntary Termination of Employment .............................. 28

13.4. Holiday Pay ................................................................................................................................ 28

13.5. Holidays Not Worked .................................................................................................................. 28

13.6. Holidays Worked ......................................................................................................................... 28

13.7. Holiday During Annual Leave .................................................................................................... 28

13.8. Holiday Pay for Part-Time Employees ....................................................................................... 28

14. HOURS .............................................................................................................................................. 29

14.1. Work Hours ................................................................................................................................. 29

14.1.1. Alternative Work Schedules ........................................................................................................ 29

14.1.2. Starting and Ending Times .......................................................................................................... 29

14.1.3. Time Reporting ............................................................................................................................ 29

14.2. Rest Periods ................................................................................................................................ 29

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14.3. Hours for Sheriff’s Dispatchers and Central Control Operators ............................................... 29

14.4. Dispatcher and Central Control Operators Shift Preferences ................................................... 29

15. OVERTIME COMPENSATION ...................................................................................................... 30

15.1. Definitions ................................................................................................................................... 30

15.1.1. Overtime ...................................................................................................................................... 30

15.1.2. Hours Worked ............................................................................................................................. 30

15.2. Overtime Pay .............................................................................................................................. 30

15.3. Compliance with the Fair Labor Standards Act ......................................................................... 30

15.4. Travel Time for Training............................................................................................................. 30

15.5. Accrual of Compensatory Time ................................................................................................... 30

15.6. Cash Out of Accrued Compensatory Time Off ............................................................................ 30

15.7. Cash Out of Compensatory Time Off upon Promotion ............................................................... 31

16. MILEAGE AND PER DIEM REIMBURSEMENT ........................................................................ 31

16.1. Mileage ....................................................................................................................................... 31

16.2. Per Diem Payments ..................................................................................................................... 31

17. ROAD DEPARTMENT ASSIGNMENTS ...................................................................................... 31

17.1. Reporting Requirements .............................................................................................................. 31

17.2. Exceptions ................................................................................................................................... 31

17.3. Camping Assignments ................................................................................................................. 32

18. COURT DUTY .................................................................................................................................. 32

18.1. Jury Duty or Witness ................................................................................................................... 32

18.1.1. Dispatch Employee Subpoena ..................................................................................................... 32

18.1.2. Canceled Appearance – Dispatch Employee .............................................................................. 32

18.1.3. Hours Outside Scheduled Work Time ......................................................................................... 32

19. GRIEVANCE PROCEDURE .......................................................................................................... 32

19.1. Definitions ................................................................................................................................... 32

19.1.1. Grievance .................................................................................................................................... 32

19.1.2. Grievant ...................................................................................................................................... 32

19.1.3. Day .............................................................................................................................................. 33

19.2. Process ........................................................................................................................................ 33

19.2.1. Informal Resolution .................................................................................................................... 33

19.2.2. Formal Levels ............................................................................................................................. 33

19.3. General Provisions ..................................................................................................................... 33

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19.3.1. Failure to Carry Forward ........................................................................................................... 33

19.3.2. Failure to Respond ...................................................................................................................... 33

19.3.3. Representation ............................................................................................................................ 34

19.3.4. Waiver of Time Limits ................................................................................................................. 34

19.3.5. Service ......................................................................................................................................... 34

19.3.6. Copy to Association .................................................................................................................... 34

19.3.7. Effect of a Grievance................................................................................................................... 34

19.3.8. Advancing to Arbitration ............................................................................................................ 34

20. DISCIPLINARY ACTION ................................................................................................................ 34

20.1. Types of Discipline ...................................................................................................................... 34

20.1.1. Oral Reprimand .......................................................................................................................... 34

20.1.2. Written Reprimand ...................................................................................................................... 34

20.1.3. Disciplinary Leave Without Pay ................................................................................................. 35

20.1.4. Administrative Leave With Pay ................................................................................................... 35

20.1.5. Discharge .................................................................................................................................... 35

20.2. Classifications of Discipline ....................................................................................................... 35

20.3. Procedure for Imposing and Appealing Minor Disciplinary Actions ......................................... 35

20.3.1. Notice of Action ........................................................................................................................... 35

20.3.2. Appeal of Minor Disciplinary Action .......................................................................................... 35

20.4. Procedure for Imposing and Appealing Severe Disciplinary Actions ........................................ 36

20.4.1. Notice of Proposed Action .......................................................................................................... 36

20.4.2. Response. .................................................................................................................................... 36

20.4.3. Response Meeting ....................................................................................................................... 36

20.4.4. Review/Action ............................................................................................................................. 36

20.4.5. Protest ......................................................................................................................................... 36

20.4.6. Sole Remedy ................................................................................................................................ 37

21. ARBITRATION ................................................................................................................................. 37

21.1. Designation ................................................................................................................................. 37

21.2. Matters Not Subject to Arbitration Procedure ............................................................................ 37

21.3. Rules of Evidence ........................................................................................................................ 37

21.4. Privacy of Hearings .................................................................................................................... 37

21.5. Authority of Arbitrator ................................................................................................................ 37

21.6. Costs ............................................................................................................................................ 37

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22. PERSONNEL FILES ....................................................................................................................... 38

22.1. Review and Release of Information ............................................................................................ 38

22.2. Placing Material in File .............................................................................................................. 38

22.3. Review of Written Statements by Employee ................................................................................ 38

22.4. Copies of Personnel File ............................................................................................................. 38

22.5. Comments from the Public .......................................................................................................... 38

23. LAYOFF PROCEDURE .................................................................................................................. 38

23.1. Positions to be Eliminated .......................................................................................................... 38

23.2. Order of Layoff ........................................................................................................................... 38

23.3. Layoff Appeal Procedure ............................................................................................................ 39

23.3.1. Notice of Appeal .......................................................................................................................... 39

23.3.2. Appeal Review Committee .......................................................................................................... 39

23.4. Recall Rights ............................................................................................................................... 39

23.4.1. Recall List ................................................................................................................................... 39

23.4.2. Recall Notice ............................................................................................................................... 40

23.4.3. Recall to Other Vacant Positions ................................................................................................ 40

24. PEACEFUL PERFORMANCE ....................................................................................................... 40

24.1. Prohibitions ................................................................................................................................. 40

24.2. Responsibilities of Association .................................................................................................... 40

25. FULL UNDERSTANDING, MODIFICATION AND WAIVER .................................................... 41

25.1. Full Understanding ..................................................................................................................... 41

25.2. No Interim Bargaining ................................................................................................................ 41

25.3. Modification ................................................................................................................................ 41

25.4. Waiver ......................................................................................................................................... 41

26. SAVINGS........................................................................................................................................... 41

27. TERM OF AGREEMENT ................................................................................................................ 42

Appendix .................................................................................................................................................. 43

Appendix A – Humboldt County Range Assignments by Classification ............................................... 43

Appendix B – Consanguinity/Affinity Chart .......................................................................................... 46

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1. PARTIES AND THEIR AUTHORIZED AGENTS 1.1. Parties

This agreement is entered into, June 20, 2018 by and between the County of Humboldt (hereinafter

referred to as “County”), and the Humboldt County Employees Association (hereinafter referred to as

“Association” or “HCEA”). Provisions of this Agreement that require changes in terms and conditions of

employment shall be effective July 1, 2018 except where another date is identified. Changes in payroll

items shall be effective at the beginning of a payroll period.

1.2. Authorized Agents For the purpose of administering the terms and provisions of this agreement, the following agents have

been designated:

County’s principal authorized agent shall be:

County Manager

HUMBOLDT COUNTY

County Courthouse, Room 205


Association’s principal authorized agent shall be:

President

HUMBOLDT COUNTY EMPLOYEES ASSOCIATION

50 West 5th Street


2. ASSOCIATION RECOGNITION AND DUES DEDUCTION 2.1. Exclusive Representation

The Employer recognizes the Association as the sole collective bargaining agent for all full-time

employees and regular part-time employees of the County within job classifications covered by this

Agreement who are presently employed and subsequently hired by the Employer at its location in Nevada

2.2. Bargaining Unit Defined

The classifications included in the bargaining unit are listed in the attached Appendix “A” and, by

reference, incorporated herein and made a part of this Agreement unless designated confidential under

NRS 288.170.

2.3. Dues Deduction The parties agree that for good consideration, the County will provide payroll deduction to the

Association on the following terms:

2.3.1. Authorization The County shall deduct dues from the salaries of Association members and remit the total deductions to

the designated Association officer(s) on a biweekly basis, provided, however, no deductions shall be

made except in accordance with a deduction authorization form individually and voluntarily executed by

the employee for whom the deduction is made. The deduction authorization form shall specify any

Association restrictions on the employee’s right to terminate his/her dues deduction authorization. No

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stated restriction shall require the employee to remain a member beyond the end of the calendar month of

the employee’s action to terminate such status.

2.3.2. Amount of Dues The Association shall certify to the County in writing the current rate of membership dues. The

Association will notify the County of any change in the rate of membership dues at least thirty (30) days

prior to the effective date of such change.

2.3.3. Indemnification The Association shall indemnify and hold the County harmless against any and all claims, demands, suits

and all other forms of liability or costs which shall arise out of or by reason of action taken or not taken

by the County at the request of the Association under the provisions of this Article or through the proper

execution of this Article.

2.4. Stewards

The Association may select up to four (4) stewards from among members of the Association. The

function of the stewards shall be to report to their Association President grievances or alleged infractions

of the Agreement and represent employees who request representation. The Association shall notify the

County in writing of the employees selected to serve as stewards.

2.4.1. Association Representatives Role

Authorized Association representatives shall be granted reasonable access at reasonable times to those

areas of County premises where employees represented by the Association are employed when such visits

are necessary for the administration of this Agreement. If the Association business is of a nature which

requires that it be conducted during the representative’s work time, the representative shall notify his/her

supervisor before leaving his/her work assignment of the estimated length of time which will be required

and provide a statement that the nature of the business requires immediate attention. It is agreed that such

representatives will conduct their business as expeditiously as possible and in a manner that will minimize

interference with the County’s business. Before an Association representative enters the work area, the

representative shall notify the supervisor responsible for the area and receive permission to enter. Such

permission shall not be unreasonably denied. The Association representative who may be authorized

entry shall be the stewards and the business representative, as certified in written form by the Association

to the County.

2.5. Bulletin Board

The Association may add its own Bulletin Boards (3’x3’) at the following locations for communications

with their members: Road Department, Library, Convention Center, in addition to the one already

hanging in the Courthouse. No postings shall be political, defamatory or negative toward any County

official or employee.

2.6. Meetings

The Association, upon proper notification to and approval from the County Manager, will be allowed to

hold Association meetings on County property to conduct Association business.

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2.7. Unit Membership

County agrees to provide the HCEA with a list of unit employees in July and a list of changes every three

(3) months thereafter during the contract period. The list shall include Employee Name, Department and

Job Classification.

3. NON-DISCRIMINATION 3.1. Non-Discrimination

The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without

discrimination as to race, color, religion, sex, age, disability, national origin or because of political or

personal reasons or affiliations. The Association shall share equally with the County the responsibility

for applying this provision of the Agreement.

3.2. Appeal of Alleged Violations

Alleged violations of these provisions shall not be appealable to any outside third party using the

grievance procedure of this Agreement. Any appeal beyond the County Manager’s level shall be to the

body empowered by Federal or State statute for the purpose of resolving such disputes.

4. EMPLOYER RIGHTS

Employer retains, solely and exclusively, all the rights, powers and authority exercised or held prior to the

execution of this Agreement, except as expressly limited by a specific provision of this Agreement.

Without limiting the generality of the foregoing, the rights, powers, and authority retained solely and

exclusively by Employer and not abridged herein, include, but are not limited to the following: To

manage and direct its business and personnel; to manage, control, and determine the mission of its

departments, building facilities, and operations; to assign, repair, inspect, and retrieve Employer property

and space; to create, change, combine or abolish jobs, policies, departments and facilities in whole or in

part; to subcontract or discontinue work for economic or operational reasons; to direct the work force; to

increase or decrease the work force and determine the number of employees needed; upon reasonable

suspicion of impaired ability on the job, to require employee physical examinations and tests endorsed by

a physician and paid for by the Employer; to hire, transfer, promote, and maintain the discipline and

efficiency of its employees (but excluding the right to assign or transfer as a form of discipline); to

establish work standards, schedules of operation and reasonable work load; to specify or assign work

requirements and require overtime; to schedule working hours and shifts; to adopt new or changed rules

of conduct and penalties for violation thereof after negotiating same with the Association in accordance

with NRS 288.150; to determine the type and scope of work to be performed by employees and the

services to be provided; to take action deemed necessary to provide for the safety of employees and

clients; to classify positions; to establish initial salaries of new classifications after notification to the

Association; to determine the methods, processes, means, and places of providing services and to take

whatever action necessary to prepare for and operate in an emergency.

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5. PROCEDURE FOR FILLING VACANCIES 5.1. Posting

The County shall post all County employment vacancies for a period of not fewer than five (5) working

days in order to afford interested employees the opportunity of applying for a lateral transfer or

promotion, as appropriate. Such postings shall list the desired classification for the position involved, the

geographic location of the initial assignment and the working hours if different from the normal work

week.

5.2. Association Copy

The County shall provide the Association with a copy of job vacancy announcements.

5.3. Applications Employees interested in being considered for the position shall submit an application to the department

head responsible for filling the vacancy.

5.4. Consideration

All employee applicants for positions shall be considered in determining the best-qualified candidate.

Factors to be considered in making the selection will include:

Performance on written, oral and practical examinations

County Service

Appropriate education and knowledge

Relevant training

Past performance

Work habits including attendance and punctuality

Other job-related factors

6. PROBATIONARY PERIOD 6.1. Probationary Status

All unit employees shall serve a probationary period of one full year from actual date of hire, during

which time they may be released without notice, reason or right of appeal. The length of initial probation

period shall be equivalent to one year of full-time service.

6.2. Review During Probationary Period The performance of an employee serving a twelve month probationary period shall normally be reviewed

no later than five (5) months after initial hire and eleven (11) months after hire. During the final month of

the probationary period, the employee’s department head shall make a written recommendation for

retention of the employee beyond the probationary period. If no such recommendation is received by the

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appointing authority prior to the end of the employee’s probationary period, the employee shall be

released from County service.

6.3. Probationary Period Upon Promotion or Transfer All employees promoted to a position of higher responsibility or transferred to another position shall

serve a probationary period of twelve (12) months in the new position. During the probationary period,

the employee shall normally be reviewed no later than five (5) months after promotion or transfer and at

eleven (11) months after promotion or transfer. Regular employees who have transferred or promoted to

another County position who fail to successfully complete their probationary period will be placed in lay-

off status and may exercise recall rights under the Layoff Article 23 of this Agreement.

6.4. Voluntary Request to Return from Promotion An employee who has accepted a promotion and then, within 30 working days of appointment to the new

position, requests to return to his/her old position, shall be returned to the position formerly held at the

first opportunity when the position is vacant and to be filled, provided such vacancy occurs within one

year of the employee's request to return to his/her former position.

7. WAGES AND MONETARY BENEFITS 7.1. Wages.

Wages for unit positions shall be as shown in Appendix B.

7.1.1. Fiscal Year 2018-2019 Effective with the beginning of the pay period containing July 1, 2018, the County agrees to increase the

amounts listed in the unit’s general salary schedule by 2% Cost of Living Adjustment (COLA). All

percentages are approximate and will be conformed to an hourly wage schedule.

7.1.2. Fiscal Year 2019-2018

Effective with the beginning of the pay period containing July 1, 2019, the County agrees to increase the

amounts listed in the unit’s general salary schedule by 2%. All percentages are approximate and will be

conformed to an hourly wage schedule.

7.1.3. Merit Pay Merit pay will be at the 2.5% step rate.

7.2. Public Employees Retirement System

7.2.1. Employee Participation

All employees covered by this agreement shall participate in the Public Employees Retirement System


286.

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7.2.2. County Contribution The County agrees to contribute for each employee covered by this agreement the NRS mandated rate to

PERS for the term of this Agreement.

7.2.3. Nevada Legislature Mandated Increases Increases in the PERS contribution rate which are mandated by the Nevada Legislature shall be paid for

by the party or parties designated in such action. If the Nevada Legislature is silent with respect to who is

responsible to pay contribution increases, subsection 7.2.4. shall apply.

7.2.4. Nevada Legislature Undesignated Contribution Increases If the Nevada Legislature does not designate whether the employee or the County is to pay for the

increase in contributions to PERS, the County shall pay the increased contribution. Payment of the

employee’s portion of the contribution increase shall be made by an equivalent reduction in pay or, if

such an increase coincides with a scheduled increase, by reducing the equivalent of a scheduled basic

salary increase or cost of living increase, or both. Should an increase be more than a total of one and one-

half percent (1.5%), the parties agree to meet and confer regarding the impact of the increase upon the

wage adjustments provided in this agreement.

7.2.5. Nevada Legislature Undesignated Decreased Contribution Rates If the Nevada Legislature does not designate the distribution of decreased rates, if any, decreases in the

contribution rate shall be equally shared and shall be credited by increasing the pay schedule by the

amount equal to ½ the prescribed reduction.

7.3. Longevity Steps Each person who has served in step ten (10) of his/her assigned range for at least one (1) year shall be

eligible to receive a one (1) percent step increase though Range L10 of the attached wage chart for

standard or above performance on each successive anniversary date.

7.4. Pay Days The County will continue the current bi-weekly pay period system. Payroll periods end at midnight every

other Sunday. Paydays will be the Friday following the end of the payroll period. Should a payday fall

on a holiday, paydays will be the day preceding the holiday.

7.5. Annual Merit Review

7.5.1. Merit Steps Employees who achieve “meets standard” in their overall annual performance ratings will be eligible for

advancement to the next higher step of the range or longevity steps.

7.5.2. Eligibility Each employee is eligible for an annual merit salary step after the completion of twenty-six (26) complete

payroll periods of employment if the employee has demonstrated standard or above standard job

performance as contemplated in 7.4.1 and as determined by the employee’s supervisor and department

head or his/her designee. The merit increase shall be granted upon completion of an approved

performance appraisal form by the supervisor recommending approval by the County Manager and

receipt of that approval. When approved, the increase shall be effective on the first of the pay period 77


following the employee’s anniversary date of current position. If performance appraisals are completed

post appraisal date recommending approval, the merit increase will be retroactive to first pay period

following the employee’s anniversary date at current position. Performance appraisals will ordinarily be

completed within thirty (30) days prior to the completion of twenty-six (26) payroll periods. The content

of a performance appraisal and any decisions based upon such content may be appealed only through the

grievance procedure to the County Manager level. The decision of the County Manager shall be final and

binding.

7.5.3. Merit Review Date If an employee is promoted or demoted to a new position that results in a salary increase or decrease of

five percent (5%) or more, then a new anniversary date for current position will be established.

7.6. Date of Hire The term “date of hire” is defined as the actual date an employee first renders paid service in a regular

position. The salary anniversary date is adjusted for leaves of absences without pay in excess of thirty

(30) days and for breaks in regular County service.

7.7. Call Back Any unscheduled work required of an employee for which an employee is unexpectedly required by

his/her department head or department head’s designee to return to his or her place of employment shall

be at least two (2) hours in duration at the earned rate of pay for the purpose of compensation.

7.7.1. Reporting for Call Back Employees required to report for work within one (1) hour before their regular reporting time shall be

compensated in accordance with the Overtime Compensation Article of this Agreement.

7.7.2. Premium Pay Premium Pay for any additional hours worked during any call back shall be paid in accordance with the

eligibility provisions of the Overtime Compensation, Article 15, of this Agreement.

7.8. Education Incentive The County will reimburse each employee for the cost of registration and books for job-related class work

which is part of the requirement for completion of a major for an Associates or Bachelor college degree

which is directly related to the employee’s current County employment or if not in pursuit of a degree,

classes directly related to the employee’s current County employment, provided all of the following

conditions are met:

7.8.1. Request for Participation in Education Incentive Program The employee must request and receive approval for reimbursement prior to beginning the class or degree

program. Requests shall be submitted to the County Manager and shall be considered for approval

subject to the conditions of this section. As part of the request, employees must provide evidence of

enrollment in a class or program to the County Manager.

7.8.2. Education Incentive Program Funding and Employee Expectations A. Class work will be completed on the employee’s own time.

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B. The total reimbursement paid by the County to all employees for education under this section in

any fiscal year shall not exceed ten thousand dollars ($10,000.00), nor shall any employee be

reimbursed more than one thousand five hundred dollars ($1,500.00) in any fiscal year. Classes

will be approved for reimbursement on a first come first paid basis, based on the date of initial

application for approval, until funds are exhausted. C. Reimbursement shall be for actual cost of tuition and registration for a class in an amount not to

exceed two hundred fifty dollars ($250.00) per class. Employees shall present evidence of

completion of the course with a grade of “B” or better and evidence that verifies that credits

received by the completed course will go towards satisfying approved degree requirements. D. Non-graded classes are not eligible for book reimbursement.

7.8.3. Spanish or Sign Language Course Incentive

An employee who completes two (2) successive college level Spanish or Sign language courses may be

reimbursed for the registration, tuition and book costs directly related to the courses upon completion of

the second (intermediate level) course, provided that each of the conditions listed above are met.

7.9. Shift Differential Shift differential pay shall be paid to Sheriff’s Office Dispatchers and Central Control Employees

beginning with the pay period containing July 1, 2018 at the rate of $2.00 for all hours worked between

6:00 p.m. and 6:00 a.m. on a regularly scheduled shift in which at least four hours of the shift worked fall

between those hours.

7.10. Dispatcher Training Pay Employees below the rank of Dispatch Supervisor are eligible to receive training pay when all of the

following conditions are met:

A. The employee assigned a training dispatcher must be certified by the Sheriff to have met

standards for training dispatcher formally established by the Sheriff; and

B. The Sheriff has formally established standards which the employee receiving training must meet

during the training period; and

C. The employee has been assigned by the Sheriff or his/her designee to serve as a training

dispatcher for a particular employee and is actually performing training duties.

7.10.1. Training Dispatcher Pay Amount Those employees assigned in writing by the Sheriff as training dispatchers who are eligible for training

pay will be paid an additional two dollars ($2.00) per hour for each eligible hour.

7.10.1.1. Section Interpretation This section shall not be interpreted to restrict the Sheriff’s authority to make any training assignment for

which compensation is not required by this section.

7.11. Working Above Classification When an employee is ordered in writing to fill a higher classification outside the employee’s assigned

series because of the absence or incapacitation of the incumbent of the higher classified position, the

employee shall be entitled to an increase of five percent (5%) in salary for the time performing under such

order under the following conditions:

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1. When the employee has worked in the higher classified job for a minimum of eleven (11)

consecutive working days, in which case the increase in salary shall take effect on the twelfth

(12th) consecutive day, or 2. When an employee has not qualified under Section 7.10.1 above, but accumulates over fifteen

(15) work days in an authorized acting capacity within the same fiscal year, in which case the

increase in salary shall take effect on the first day of the payroll period in which the sixteenth

(16th) day of such assignment occurs. 3. Such above classification assignment must have the prior approval of the Department and the

County Manager.

7.12. Requests for Consideration of Reclassification Each year during November, the County will accept written requests for reclassification from a unit

employee who believes s/he is inappropriately classified with regard to the duties he/she is normally

required to perform. Such request shall include a description of the normal duties being performed by

that employee that are significantly different from those of the employee’s current classification and at a

higher level in the case of an request to be reclassified to a higher class. An individual employee may

only make such a request once every three years.

7.12.1. Request for Consideration of Reclassification Steps 1. Requests for Reclassification shall be forwarded to the County Manager’s office with a copy to

the Department Head. 2. The County Manager shall review the request and consider the budgetary implications of the

requested change and discuss the merits of the requested action with the employee’s Department

Head. Should the Administrator and the Department Head be convinced that the request merits

further review, the Administrator will arrange for an appropriate audit of that and any other

affected positions. The employee must be notified of any action to be taken by the employer,

including the job audit, within a reasonable period of time, not to exceed one hundred twenty

(120) days of the employee’s request. If the audit recommends a change in classification and

such recommendation is approved by the Commission, such reclass shall be effective no later

than the beginning of the following budget year. 3. Should the request be denied at any stage, the employee shall be eligible to submit another

reclassification request after two years from date of submission. No other recourse shall be

available to the employee or the Association.

8. HEALTH AND WELFARE BENEFITS

8.1. County Contribution to Cost of Health and Accident Insurance

The County will contribute up to a maximum of one thousand twenty two dollars ($1022.00) per month

toward a full-time eligible employee’s group health benefits for FY 2018-2019. The County will

contribute up to a maximum of one thousand twenty two dollars ($1022.00) per month toward a full-time

eligible employee’s group health benefits for FY 2019-2020. Any increase above the stated amounts both

parties will meet and negotiate regarding the increase. Both parties will meet and negotiate any increase

above the stated amounts.

8.1.1. Benefits Eligible for County Contribution

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The County’s contribution will be the cost of the employee’s premium up to the maximum contribution

amounts set out herein. The County contribution must be used, at the employee’s option, to cover costs

associated with health care, dental, vision, and basic life insurance. The total maximum contribution may

only be applied to health care, vision, life, and/or dental benefits subject to health care, vision, life, and

dental plans available to employees. The total maximum contribution may also be applied to County

sanctioned supplemental insurance providers, unless otherwise prohibited by IRS rules and regulations.

8.1.2. County Contribution towards High Deductible Health Plan with an Associated

Health Savings Account

For employees that choose to participate in a high deductible health care plan with an associated Health

Care Savings Account; as offered by the County, the County will contribute the difference between the

cost of an employee premium under the County’s standard health care plan and the premium for the

employee’s high deductible plan to the employee’s Health Care Savings Account. Contributions of the

difference between the two plans will be made by the County on a monthly basis.

8.1.3. Amounts beyond the County’s Contribution The employee shall pay any amount beyond the County’s contribution.

8.1.4. County Contribution to membership in Care Flight’s Flight Plan The County will pay the $30.00 per household annual membership rate. If more than one employee lives

in the same household only 1 membership will be paid.

8.2. Eligibility for Health Insurance Programs Employees shall be eligible for contribution toward health insurance premiums beginning with the first

day of the month following completion of thirty (30) days of employment. For insurance purposes all

persons working for the County are required under the County’s policy to be regularly employed in order

for the employee to be insured. Eligibility for County health insurance benefits is only provided to unit

employees that are regularly employed by the County thirty (30) hours or more per week and who have

made application and have been issued a Certificate of Insurance.

8.3. Insurance Benefits Review Committee. A. The parties agree to continue the Insurance Benefits Review Committee, which will meet

annually to consider alternatives to the current coverage and insurance providers offered by the

County. The Committee shall include representatives of all County employees and of County

management. The Association shall be entitled up to four representatives on the Committee. The

options to be considered by the committee shall be limited to changes which are within the per

employee payments for health insurance provided by the County in this agreement and the “125”

plan. B. The Committee will review each of the types and levels of coverage currently paid for by the

County including medical/hospitalization, vision and dental insurance. C. The Committee will recommend by consensus what available insurance will be purchased within

the available negotiated monthly contribution made by the County. The Committee may

recommend continuation or change in any coverage or provider except those to which the County

is committed by contract. The Committee will determine the extent to which the money available

will be used to purchase additional insurance for employees only or to contribute to the cost of

dependent health coverage. Amounts recommended for contribution toward the cost of

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dependent coverage may include money, which would not otherwise be spent during the fiscal

year because some employees are not eligible for dependent coverage.

8.4. Detention Facility Benefits

County will pay for needed hepatitis inoculations and tuberculosis tests for all employees working in the

Detention Center facility.

8.5. Dependent Coverage An eligible employee may include his/her dependents under the County’s group health insurance by

arranging for the appropriate payroll deduction to provide coverage. The County will contribute any

portion of the monthly contribution not required for employee coverage toward the cost of dependent

health insurance coverage. The County will also provide a “125 Plan” through which employees may pay

dependent insurance premiums not covered by County contributions.

8.6. Workers’ Compensation Insurance All employees are automatically covered by approved Worker’s Compensation insurance for on-the-job

accidents and occupational diseases. Requirements of applicable laws governing Workers’ Compensation

benefits shall be followed. See Article 11 for details.

8.7. Unemployment Compensation. Public employees are covered by Nevada Unemployment Insurance Program.

8.8. Retirement All employees covered by this agreement shall participate in the Public Employees Retirement System


286. Any increases or decreases in the contribution rate required pursuant to NRS 286 shall be divided

equally between employee and County or as otherwise required.

8.9. Commercial Drivers Licenses Physical Examinations Employees who are required by their employment to maintain a commercial driver’s license, shall have

the required physical examination performed by a physician designated and paid for by the County.

9. ANNUAL LEAVE

9.1. Accrual

All unit employees who are employed on a continuous full-time basis shall accrue annual leave credits on

the basis on the schedule below. Part-time employees who work at least twenty (20) hours per week shall

earn annual leave on a prorated basis based on the number of hours worked in the pay period.

9.2. Schedule of Accrual of Annual Leave

Years of Continuous

Service

Hours Earned Per

Hours Paid

Max. Hours

Per Year

Max. Hours

Carryover

1st thru 2nd .0385 80 192

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3rd thru 5th .0462 96 240

6th thru 10th .0577 120 240

11th thru 15th .0769 160 240

16th thru 20th .0846 176 240

21st thru 24th .0923 192 240

25th and more .0962 200 240

Only regular hours paid shall effect annual leave accrual. Carryover of annual leave shall be judged as of

the end of the pay period that includes December 31st of each year. New accrual rate will take affect the

start of the pay period following the anniversary date.

9.3. Accrual During Probation Each employee shall accrue annual leave during his/her probationary period, but shall not be allowed to

use annual leave until the employee has been employed continuously for at least six (6) months.

9.4. Accrual of Leave While on Leave Annual leave will continue to be credited to all persons while regularly employed by the County when an

employee is on annual leave. However, accrual of annual leave will cease upon termination or when an

employee is placed on leave without pay.

9.5. Approval for Use of Annual Leave All annual leave will be taken at a time as approved by the employee’s department head. Annual leave

requests will be submitted by seniority for each calendar year and must be in by January 31st of that year.

Rescheduling of prescheduled leave shall be approved by the Department Head when the new schedule

can be accommodated without undue disruption of department services subject to 9.5.1 below.

9.5.1. Annual Leave Conflicts. Conflicts between annual leave requests submitted in accordance with this section shall be resolved by the

department head, approving those leaves that were submitted first in chronological order.

9.6. Carry-over of Annual Leave to Following Year All annual leave not taken in excess of the applicable maximum carryover hours will be forfeited at the

end of the pay period which includes December 31st of each year. A ninety (90) day extension may be

granted by the County Manager solely for reasons of County convenience and if no violation of NRS

245.210 are foreseeable. Any request for an extension must be submitted and approved prior to

December 31. Should any employee be prevented by the County from using the leave for which the

extension was granted, the County would pay off such leave.

9.7. Payment on Separation Employees who have completed at least six (6) months of continuous service and leave the County

service shall be paid for accrued, but unused annual leave.

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9.8. Payment on Death If an employee dies who was entitled to accumulated annual leave under the provisions of this Article, the

heirs of such deceased employee shall be paid an amount of money equal to the number of unused hours

of annual leave earned or accrued multiplied by the hourly rate of such deceased employee.

9.9. Part-time employees A regular part-time employee is defined as an employee working on a regular schedule less than forty

(40) hours per week. Regular part-time employees accumulate or earn length of service credit for annual

leave purposes based on actual number of years of continuous and uninterrupted service, whether such

service is entirely part-time or mixed part-time and full-time during any year or portion of a year. For

purposes of this section, a regular part-time employee beginning service on May 1 of a year is considered

to have one (1) year of service beginning May 1 of the next succeeding year, two (2) years of service

beginning May 1 of the next succeeding year, etc., even though the employee only works on a part-time

basis and accrues the benefits on a pro-rated basis.

9.10. Interrupted Service Any individual with five (5) consecutive years of employment with the County who terminates and then

is re-employed by the County within one (1) year from date of termination shall receive credit for prior

years service in determining the appropriate category for annual leave benefits. Notwithstanding the

foregoing, such an individual is subject to the probationary status requirements.

10. SICK LEAVE

10.1. Entitlement

All unit employees who are employed on a continuous full-time basis shall be credited with sick leave

according to the schedule below. Part-time employees who work at least twenty (20) hours per week

shall earn sick leave credits on a prorated basis, based on hours worked in the pay period. Employees

working fewer than twenty (20) hours per week will not accrue sick leave credits.

10.2. Sick Leave Accrual Effective July 1, 2018, eligible employees shall accrue sick leave at the rate of .0577 hours for each hour

worked up to a maximum accrual of 120 hours per year. Only regular hours worked shall affect sick

leave accrual. Maximum accrual shall not exceed 980 hours. Employees with more than 980 hours

accrued shall not accrue sick leave until their balance drops below 980 hours.

10.3. Authorization for Usage Employees are entitled to use sick leave only when incapacitated due to sickness, injury or when

receiving necessary medical, dental, or vision treatment, or in the event of an illness in the immediate

family.

10.3.1. Immediate Family Defined Immediate family shall mean persons related by blood, whether whole or half, marriage or adoption in the

following relationships: spouse, child, grandchild, parent, grandparent, or sibling, or relative living in the

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employee’s household. In the case of any other relative of the employee, the applicable department head

or his/her designee may authorize such sick leave and shall so notify the Administrative Office in writing.

10.4. Evidence of Authorized Usage The department head or his/her designee shall approve sick leave only after having ascertained that the

absence was for an authorized reason, and the employee may be required to provide substantiating

evidence at any time. Malingering or proven abuse of sick leave privileges shall be grounds for

termination from County employment. A doctor’s certificate of illness may be required at any time, but

must be presented to the department head or his/her designee for any absence over three (3) consecutive

working days when reason exists to suspect that abuse has occurred or when there is need to verify fitness

to return to work.

10.5. Sick Leave Payoff Employees with accrued, unused sick leave may, at the time of separation, select one (1) of the following

options for reimbursement:

A. Cash payment upon separation of service:

Any employee who resigns in good standing after providing the County with proper notice or is

laid off shall be entitled to payment, not exceeding the total sum of Three Thousand Dollars

($3,000.00), for unused sick leave according to the schedule set forth below. If a sick leave payoff

is received as a result of layoff, and the employee is later reinstated, only that sick leave not

converted to retirement service credit or paid off at the time of the layoff will be reinstated and the

amount of the payoff and the maximum payoff at any future separation from the County will be

reduced by the amount paid at the time of layoff.

Years of Employment with the County

Percent of Accrued Unused Sick Leave for

Payment

0-4 20%

5-10 35%

11- 20 50%

20 or more 60%

B. Conversion to Retirement credit upon separation:

In lieu of (A) above, an employee, with ten (10) or more years of continuous and uninterrupted

service with the County and who is eligible to purchase retirement service credit under the Public

Employees Retirement System (PERS) may, at his or her option, convert unused sick leave into

service credit under PERS; subject to the following conditions and limitations as set out within

Article 10.5.1 below:

10.5.1. Conversion to Retirement credit prior to retirement An employee who is eligible to purchase retirement service credit under the Public Employees Retirement

System (PERS) may convert accrued, unused sick leave into retirement credit prior to retirement under

the following conditions only:

1. An employee must maintain a sick leave hour balance of at least 480 hours of

accrued unused sick leave to be eligible to convert to PERS credit.

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2. An employee can only convert hours in excess of 480 (in increments of 8 hours), and

conversion is limited to a maximum annual limit of 280 hours.

3. PERS will convert dollars into service credit. Note: 1 hour of sick leave may not

equal 1 hour of service credit.

4. Purchase of service credit under this provision must comply with PERS policies and

procedures.

5. To convert sick leave under this provision, employees must submit a written request

to the County Manager within the thirty (30) day window for conversion requests.

The conversion request window will open on November 1st and close on December

1st. For requests for conversion to be eligible for conversion, all written requests must

be received by the County Manager on or before December 1st, requests received

after December 1st will not be considered timely and eligible for conversion under

this provision.

6. Only sick leave actually accrued by an employee on or before December 1st will be

subject to conversion under this provision.

7. If the employee meets all the conditions set forth in this section, then the County will

deduct the amount of sick leave designated on the employee’s written request which

is eligible for conversion from the employees account and proceed to purchase

retirement service credit from PERS.

8. Employees may convert up to a maximum of 980 hours of accrued sick leave during

the complete term of their employment with the County.

9. Employees may only convert sick leave to service credit 5 times prior to retirement.

10. Timely and eligible requests for conversion will be processed by the County in

accordance with PERS policies and procedures.

10.6. Accrual of Leave While on Leave Sick leave will continue to be credited to all persons while regularly employed by the County regardless

of whether an employee is on sick or annual leave. However, accrual of sick leave will cease upon

termination or when an employee is placed on leave without pay.

10.7. Accrual During Probation Each employee shall accrue sick leave during his/her probationary period but shall not be allowed to use

sick leave until the employee has been employed continuously for at least three (3) months.

10.8. Leave Sharing An employee who has more than 200 hours of sick leave accrued may donate sick leave to an employee

or employees who are on sick leave for catastrophic illness pursuant to the following restrictions:

A. The employee receiving the sick leave must have exhausted all of his/her available paid leave

including all sick leave and annual leave.

B. The employee receiving the sick leave may not be on leave for an on-the-job injury covered by

Workers’ Compensation Insurance.

C. The employee giving the sick leave must do so in writing and in blocks of eight (8) hours and

shall not exceed 120 hours in any fiscal year. The sick leave being given shall be indicated be on

a form provided by the County. (Appendix C.)

D. The grant of sick leave must be irrevocable to the employee that donated the leave. If the leave is

not used for the purpose donated it shall be donated to the catastrophic leave bank.

E. If a donation is made by an employee at a different pay rate than the receiving employee,

pursuant to N.R.S. 245.210.4, the donated time shall be converted into money at the hourly rate of

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the donor and the money shall then be converted into sick leave at the hourly rate of salary of the

recipient.

F. The total hours donated to an employee shall not exceed the number of hours necessary to avoid a

loss in pay between the time the employee exhausts his/her paid leave pursuant to subsection

10.8.1 and either the employee’s return to work or the employee’s eligibility for disability

insurance.

G. Last Resort Bank. Retiring employees may donate unpaid sick leave hours to the catastrophic sick

leave bank so long as the donation does not cause the bank to exceed 1000 hours. Such leave will

be available in amounts and for catastrophic purposes as determined by the County Manager.

a. “Catastrophe” means: (1) The employee is unable to perform the duties of his/her

position because of a serious illness or accident which is life threatening or which will

require a lengthy convalescence; (2) There is a serious illness or accident which is life

threatening or which will require a lengthy convalescence in the employee’s immediate

family.

H. The final decision as to whether any leave sharing will be allowed will rest with the County

Manager or his/her designee who will review the type of illness/injury to insure it is catastrophic,

prior leave usage by the employee requesting leave, and other matters as may be pertinent. The

decision of the County Manager or his/her designee is final.

11. INJURY ON DUTY LEAVE 11.1. Injury on Duty

Any unit employee who suffers an injury while working during the course of his/her employment for the

County shall be entitled to injury leave until said employee is able to return to work or is terminated in

any manner and subject to any limitations imposed by this Article or State Law. Injury means a sudden

and tangible happening of a traumatic nature, producing an immediate or prompt result and resulting from

external force, including injuries to artificial members. Any injury sustained by an employee while

engaging in an athletic or social event sponsored by the employer shall be deemed not to have arisen out

of or in the course of employment unless the employee received remuneration for participating in such

event. For purposes of this Article, coronary thrombosis, coronary occlusion, or any other ailment or

disorder of the heart, and any death or disability ensuing there from, shall not be deemed to be an injury

by accident sustained arising out of and in the course of the employment.

11.2. Coordination of Benefits When an employee is eligible at the same time for benefits under Chapter 616 or 617 of the Nevada

Revised Statutes and for sick leave or injury leave benefit, the amount of sick leave or injury leave benefit

paid to said employee shall not exceed the differences between their normal salary and the amount of any

benefit received, exclusive of payment of medical or hospital expenses under Chapter 616 or 617 of the

Nevada Revised Statutes for that pay period. Any usage of such sick leave shall be deducted from the

employee’s sick leave balance.

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12. OTHER LEAVES 12.1. Bereavement Leave

A regular, full-time or part-time employee who must be absent from work to attend the funeral of a family

member who is within the third degree of consanguinity or affinity may use up to a maximum of five (5)

days or forty (40) hours of bereavement leave per each occurrence. Bereavement leave longer than five

(5) days or forty (40) hours may be charged to accumulated annual leave, up to a maximum of two (2)

additional days or sixteen (16) additional hours, with the advance approval of the Department Head.

Employees who are not regular full-time or part-time employees may take up to five (5) days or forty (40)

hours of bereavement absence without pay. Supervisors or managers may require evidence of attendance

at the funeral. (Appendix B is a chart, which defines the degree of consanguinity and affinity.)

12.2. Maternity/Paternity Leave An employee is entitled to use, as appropriate, accumulated sick leave, accumulated annual leave, or

leave without pay for adoption purposes or as maternity/paternity leave (regardless of the type of delivery

or results of pregnancy) if the provisions below are met.

A. Maternity leave may be taken prior to the expected birth date of the child. B. To utilize sick leave the employee must be incapacitated and unable to work because of illness or

her pregnant condition. After birth or adoption sick leave may be utilized if the child is ill under

the provisions of 10.3 above. C. If, after exhausting accumulated sick leave, an employee needs additional time off from work

because she is incapacitated, accrued annual leave shall be granted. If additional time is required,

leave without pay may be granted by the statutory appointing authority. D. Pregnancy shall not jeopardize an employee’s job or seniority, except for leave without pay

limitations. The employee shall be responsible for reporting the pregnancy as soon as it is an

established fact so that steps may be taken to protect the employee’s health or modify her

working conditions and in order that any necessary staffing adjustments may be planned. 12.3. Interruption of Service

Leave benefits which may be lost by an employee due to termination or interruption of County

employment may be restored (repurchased) upon request by the department head and authorization by the

County Commissioners.

12.4. Military Leave Employees who are members of the uniformed services are entitled to military leave and to re-

employment rights as provided in 38 USC, sections 2021-2024, and 4302 et.seq. and the relevant sections

of the Nevada Revised Statutes. The uniformed services covered include the Army, Navy, Marines, Air

Force, Coast Guard, Public Health Service Commissioner Corps, the reserve components of these

services, and any other category dispatched by the President in time of war or national emergency. The

Army National Guard and Air National Guard are also covered.

12.4.1. Additional Paid Military Leave

In addition to the 15 working days of compensation for leave of absence for military duty as covered

under NRS 281.145, the County will also provide and additional six (6) days of paid military leave

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without loss of the employee’s regular compensation or accrued eligible leave. The additional days of

paid military leave will adhere to the same use cycle as the mandated 15 working days of compensation

for leave of absence for military duty.

12.5. Leave of Absence Without Pay Any unit employee, upon written application to his/her department head or his/her designee, may be

granted leave of absence without pay, subject to approval as stated below. Such leave shall not exceed

one (1) year.

12.5.1. Approval – Less Than 30 Days Leaves of absence without pay not exceeding 30 days may be granted by the department head.

12.5.2. Approval – More Than 30 Days For leaves of absence without pay in excess of thirty (30) days, the employee must obtain the approval of

the County Manager. Humboldt County may grant a leave in excess of thirty (30) days following written

certification by the employee to Humboldt County that the leave is consistent with the intent of this

section. Humboldt County reserves the right to not require the use of all accrued paid leave credits,

depending upon the nature and type of leave without pay taken by the employee.

12.6. Family and Medical Leave Act Compliance Family and medical leave for employees shall be governed by the provisions of the Federal Family and

Medical Leave Act (FMLA), as may be amended from time to time. Nothing in this Article is intended to

expand employee rights or benefits not extended in this law. Where there is a conflict between this

Article and the FMLA, the requirements of the FMLA governs.

12.6.1. Eligibility Employees who have been employed by Humboldt County for a total of 12 months and worked for

Humboldt County at least 1,250 hours during the preceding 12-month period and are employed at a work

site where 50 or more employees work for Humboldt County within 75 surface miles of that work site are

eligible for FMLA leave. When the 1,250 hours are calculated, the hours an employee was on vacation or

on leave, even if that vacation or leave was paid, do not count toward the 1,250 hours worked. However,

an employee who has a military service obligation must be credited with the hours of service that would

have been performed, but for the period of military service. The required 12 months of employment does

not have to be consecutive. There may be a break in service as long as it does not exceed seven years.

There is an exception to the seven-year condition for USERRA-covered military service or written

agreements. All employees meeting the above qualifications qualify for FMLA, regardless of their

seasonal, temporary, etc., status.

12.6.2. Compensation During Leave FMLA leave will be unpaid leave unless the employee has accrued paid leave and is otherwise eligible to

use the leave. If an employee requests leave for the employee’s own serious health condition, for the

serious health condition of the employee’s spouse, child, or parent, to provide military caregiver leave, or

exigency leave, the employee must use all of his/her accrued paid annual leave, sick leave (if it qualifies

under employers sick leave use requirements), compensatory time leave, and personal time off as part of

the FMLA leave. When substituting accrued paid leave, the employee must comply with the Humboldt

County procedural requirements, terms, and conditions of the paid leave policy as appropriate; the

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remainder of the leave period will then consist of unpaid FMLA leave. Employees must be made aware

that they are required to use sick, annual, compensatory time and personal leave as appropriate, in the

rights and responsibilities notice Form WH-381: Notice of Eligibility and Rights & Responsibilities.

12.6.3. Intermittent or Reduced Schedule Leave When medically necessary (as distinguished from voluntary treatments and procedures) or for any

qualifying exigency, leave may be taken on an intermittent or reduced schedule basis. Leave for bonding

with a healthy newborn or placement of a healthy child for adoption or foster care is not considered

medically necessary and, therefore, may not be taken on a reduced schedule or intermittent basis unless

agreed to by Humboldt County. Employees needing intermittent leave or reduced schedule leave must

make a reasonable effort to schedule their leave so as not to disrupt unduly Humboldt County’s

operations. If leave is foreseeable, Humboldt County may require an employee on intermittent leave or

reduced schedule leave to temporarily transfer to an available alternative position for which the employee

is qualified if the position has equivalent pay and benefits and better accommodates the employee’s

intermittent or reduced schedule leave. Intermittent leave and reduced schedule leave reduces the 12-

week entitlement only by the actual time used. When an employee, who was transferred, no longer needs

intermittent or reduced scheduled leave, the employee must be placed in the same or equivalent position

held prior to when the leave commenced.

12.6.4. FMLA and Leave Benefits Concurrency FMLA leave will run concurrently with paid sick, vacation and/or personal leave. Unpaid FMLA leave

may also run concurrently with Workers’ Compensation leave or other benefits. The entitlement to

family and medical leave for the birth or placement of a child for adoption or foster care will expire

twelve months from the date of the birth or placement. If both an employee and his/her spouse are

employed by the County, their combined time off may not exceed twelve (12) workweeks during any

twelve-month period for birth, adoption, or foster care, or care of a parent with a serious health condition.

Each spouse is, however, eligible for the full twelve (12) weeks within a twelve-month period to care for

a son, daughter, or spouse with a serious health condition.

12.6.5. Additional FMLA Information "See personnel policy for additional FMLA information."

13. HOLIDAYS 13.1. Holidays Enumerated

The following days are declared to be legal holidays for County government offices:

New Year’s Day Nevada Day

Martin Luther King’s Birthday Veterans Day

President’s Day Thanksgiving Day

Memorial Day Day after Thanksgiving Day

Independence Day Christmas Day

Labor Day

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In addition to the above holidays, any other day that may be appointed by the President of the

United States as a National Holiday, the Governor of Nevada and/or the Board of County

Commissioners of Humboldt County shall be a paid holiday for County employees.

13.2. Observance of Legal Holidays All County offices close on the above listed legal holidays. If January 1, July 4, November 11, or

December 25 falls on a Saturday, the Friday before is observed as the legal holiday. If any of such days

falls on a Sunday, the Monday after is observed as the legal holiday. Holidays are recognized as eight (8)

hours in length, regardless of work schedule. For employees on schedules providing 24-hour coverage, a

holiday shall be recognized as the actual legal holiday, not the day observed by persons working a five-

day, forty-hour work week on a Monday through Friday schedule.

13.3. Floating Holiday In addition to the holidays listed above, employees who have completed one (1) full year of County

employment will receive one (1) eight (8) hour floating holiday per calendar year. Such holiday must be

used within the calendar year or it will be lost. An employee must schedule the use of the floating

holiday with their immediate supervisor in the same manner as annual leave and receive approval prior to

its usage.

13.3.1. Payment of Floating Holiday upon Voluntary Termination of Employment Upon voluntary termination from County employment, a maximum of eight (8) hours of unused floating

holiday time will be paid off at the employee’s regular rate of pay.

13.4. Holiday Pay Holiday pay shall be equal to the straight time pay normally received for the employee’s regular shift

assignment but shall not exceed eight (8) hours per holiday.

13.5. Holidays Not Worked Eligible employees who are not required to work on a recognized holiday shall receive holiday pay for the

shift they normally would have worked.

13.6. Holidays Worked The employee shall be compensated two and one-half times (2 ½) times the normal rate of pay for the

first eight hours worked. Those hours worked in excess of eight hours shall be paid in the normal rate of

pay.

13.7. Holiday During Annual Leave Should a paid holiday fall during an employee’s vacation the employee will receive holiday pay rather

than have such day charged against vacation pay.

13.8. Holiday Pay for Part-Time Employees Regular part-time employees shall receive holiday pay on a pro-rated basis when they would be normally

scheduled and available to work on the holiday in question. When a holiday falls on a part-time

employee’s regularly scheduled day off, the employee is not eligible for holiday pay.

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14. HOURS 14.1. Work Hours

Except in emergencies, the standard work week of full-time unit employees shall normally consist of five

(5) days of eight (8) hours each, exclusive of lunch period.

14.1.1. Alternative Work Schedules The County may, at its discretion, adopt alternative work schedules for employees at any work site or for

any work unit. The County will give the employees and the organization five days notice of a change to

alternative work schedule. The parties specifically acknowledge that employee schedules may be

changed periodically during the year. Requests for schedule changes from employees shall be considered

and a response provided. It is not the intent of this language to change the general scheduling practices of

the County.

14.1.2. Starting and Ending Times Each employee shall be assigned regular starting and ending times, which shall not be changed without

reasonable prior notice; however, Fairgrounds and Convention Center employees are assigned a variable

work schedule based upon facilities usage.

14.1.3. Time Reporting Employees are responsible for submitting accurate time cards or sheets accounting for time worked and

leaves used. Should it be necessary to change an employee’s time report, the employee shall be notified

of such change.

14.2. Rest Periods Except in emergencies, employees shall be granted a fifteen (15) minute rest period during each half-

work shift of four (4) hours or longer. Such breaks shall not be taken within one (1) hour of the

employee’s starting time, ending time, or meal break and shall not be accumulated or used to supplement

meal breaks, arrive at work late or leave work early. Such rest periods shall be taken without loss of pay

and the employee shall not be required to make up such time.

14.3. Hours for Sheriff’s Dispatchers and Central Control Operators The work shift for Dispatchers and Central Control Operators shall include briefing time, a lunch period

not to exceed thirty (30) minutes, and up to two fifteen (15) minute rest periods as workload allows.

14.4. Dispatcher and Central Control Operators Shift Preferences Two weeks prior to the posting of a new schedule of shift assignments, Dispatchers and Central Control

Operators may request shift assignment based on seniority. All shifts will be open to bid on by seniority.

The Sheriff will consider the preferences of staff along with the needs of the Sheriff’s Office and the

qualifications of individual employees when preparing the new schedule. If a Dispatcher or Central

Control Operator is assigned to the same shift for a third or successive shift change, the employee may

request that the Sheriff provide reasons for the shift assignment. The Sheriff will respond prior to the

implementation of the next shift schedule.

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15. OVERTIME COMPENSATION

15.1. Definitions

15.1.1. Overtime

That time as authorized and directed by management worked by a non-exempt employee which exceeds

forty (40) hours worked in a work week or eighty (80) hours in two (2) weeks if the employee is on an

alternative work schedule requiring twelve (12) hour shifts. The Department shall designate a work

period for FLSA purposes as necessary.

15.1.2. Hours Worked Those hours during which the employee is actually working, on annual leave, or paid holiday.

15.2. Overtime Pay An employee shall be paid for overtime worked. Pay for overtime worked shall be at one and one half (1-

1/2) times the normal hourly rate of the employee.

15.3. Compliance with the Fair Labor Standards Act Management shall make such changes in this article and any others as well as in practice in order to fully

comply with the Fair Labor Standards Act (FLSA) and any implementing regulations thereto. The

County shall notify the Association of proposed changes prior to implementation. Upon written request,

the County shall meet with Association representatives to negotiate the proposed changes; however,

nothing shall preclude the County from implementing changes to achieve compliance during the

negotiating period.

15.4. Travel Time for Training Employees who travel to a required training course during work hours shall have those hours counted as

time worked. Within a workweek, a department head may adjust the starting and quitting times of an

employee on a straight time basis to accommodate any hours accumulated during travel on County

business. If this is not possible, the additional hours will be treated as hours worked.

15.5. Accrual of Compensatory Time Dispatch and Central Control employees may, upon approval of the Sheriff, accrue compensatory time off

(CTO) in-lieu of pay for overtime worked. All compensatory time off shall be accrued at the rate of one

and one half (1 ½) hour of CTO for each hour of overtime worked. No employee may accumulate more

than forty (40) hours of compensatory time. When forty (40) hours is reached, the employee must use

some of the accumulated time before accumulating any additional compensatory time.

15.6. Cash Out of Accrued Compensatory Time Off

With thirty (30) days’ notice prior to the month of June and December of each year, an employee may

submit a request to the Department that the cash value or all or part of accumulated CTO be paid to the

employee. With thirty (30) days’ notice prior to June, the County may, at its discretion, pay off all but

thirty (30) days of an employee’s CTO bank.

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15.7. Cash Out of Compensatory Time Off upon Promotion

If an employee is selected for promotion, he or she must cash out any accrued CTO prior to the start of his

or her first shift in the promotional status/position.

16. MILEAGE AND PER DIEM REIMBURSEMENT 16.1. Mileage

Humboldt County will attempt to make a vehicle available for official use to employees when so required.

If there are no Humboldt County vehicles available and the employee must use a personal vehicle,

mileage will be reimbursed at the per mile rate set by the IRS. If an employee drives a personal vehicle

when commercial air travel would be more efficient, the mileage reimbursement will be limited to the

cost of the airfare.

If a county vehicle is available and an employee chooses to use a private vehicle the employee

shall be reimbursed at ½ of the mileage rate set by the IRS.

16.2. Per Diem Payments The County will continue to make per diem payments to employees required to travel on County business

at the rates established by the Nevada Legislature or County policy, whichever is higher. An employee is

eligible for per diem when traveling on County business beyond the boundaries of Humboldt County or

as otherwise provided by County policy. Employees are not required to provide receipts specifying how

the per diem funds were expended.

17. ROAD DEPARTMENT ASSIGNMENTS

17.1. Reporting Requirements

A Road Department employee assigned a County vehicle will be required to report to his/her area

(Golconda, Paradise Valley, Orovada, Denio, and Winnemucca) at the beginning of the workday and at

the end of the workday. The crew or other employees not assigned a County vehicle shall report to the

Winnemucca shop at the beginning and end of the workday. However, should an employee be assigned

to another area they will be furnished a vehicle and will be required to report to the assigned

worksite/location at the beginning of the shift and remain working as directed until the end of the shift.

Except in case of emergency, every effort will be made to give 24-hour notice of change in the work area.

17.2. Exceptions Occasional changes in location for starting or ending the shift for such activities including, but not limited

to, attending meetings, picking up or dropping off materials/equipment at the shop, will not result in a

work site change provided that the activities are within the normal shift schedule. For example, should an

employee be assigned to report to the yard to begin the workday with a safety meeting and the employee

then returns to his/her normal work site for the remainder of the shift, his/her return to Winnemucca at the

end of the workday is not considered time worked.

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17.3. Camping Assignments When the County requires camping for a special project, the affected employee(s) will be paid per diem

for non-provided services (e.g., housing, food, etc.) pursuant to 16.2 of this Agreement. All travel at the

beginning and end of a camp week will be on County time.

18. COURT DUTY

18.1. Jury Duty or Witness

Employees and officials will receive their regular pay while serving as a juror, or as a witness in any

matter directly related to his/her County employment. Annual leave will not be affected while serving as

a juror or a witness. If the employee or official receives a fee for such service performed during paid

working hours, the fee must be turned over to the County Treasurer. However, the employee or official

may retain any travel or expense reimbursement. Unless otherwise authorized by the Department Head,

any time not required by court duty and necessary travel, the employee will be at work.

18.1.1. Dispatch Employee Subpoena Dispatch employees who begins a court appearance in response to a subpoena during non-scheduled work

time shall be paid for a minimum of two hours at the applicable rate of pay.

18.1.2. Canceled Appearance – Dispatch Employee Dispatch employees who are scheduled to appear in court during a non-scheduled work time shall receive

a minimum of two hours pay if the appearance is canceled after 4:45 p.m. on the weekday preceding the

scheduled appearance. It shall be the scheduled employee’s responsibility to contact designated Sheriff’s

Office personnel to receive any notice of cancellation. Payment for canceled appearances shall be made

only if the scheduled employee contacts the assigned Sheriff’s Office personnel after 4:45 p.m. on the

weekday preceding the scheduled appearance to receive notice of any cancellation.

18.1.3. Hours Outside Scheduled Work Time This section shall not apply to court appearances scheduled for the hour before or the hour after an

employee’s work shift.

19. GRIEVANCE PROCEDURE

19.1. Definitions

19.1.1. Grievance A grievance is a claimed violation, misapplication, and misinterpretation of a specific provision of this

Agreement, which adversely affects the grievant. The exercise or lack of exercise of Employer Rights

(Article 4) shall not be grievable.

19.1.2. Grievant A grievant is a unit member or the Association who is filing a grievance as defined above. Alleged

violations, misapplications or misinterpretations which affect more than one (1) employee in a

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substantially similar manner may be consolidated at the discretion of management or the Association as a

group grievance and shall thereafter be represented by a single grievant.

19.1.3. Day Day shall mean a day in which the County’s main administrative office is open for business.

19.2. Process

19.2.1. Informal Resolution Within seven (7) working days from the event giving rise to a grievance or from the date the employee

could reasonably have been expected to have had knowledge of such event, the grievant shall orally

discuss his/her grievance with his/her supervisor. A supervisor shall have five (5) working days to give

an answer to the employee.

19.2.2. Formal Levels

Level 1: If a grievant is not satisfied with the resolution proposed at the informal level, the grievant may,

within ten (10) working days of such receipt of such answer, file a formal written grievance with his/her

supervisor containing a statement describing the grievance, the section of this Agreement allegedly

violated, and remedy requested. The supervisor shall, within ten (10) working days, have a meeting with

the grievant regarding the information provided.

Level 2: If the grievant is not satisfied with the written answer at Level 1, the grievant may, within five

(5) working days from the receipt of such answer, file a written appeal to the department head. Within

ten (10) working days of receipt of the written appeal, the department head or his/her designee shall

investigate the grievance, which may include a meeting with the concerned parties and, thereafter give

written answer to the grievant within ten (10) working days.

Level 3: If the grievant is not satisfied with the written answer from Level 2, the grievant may, within five

(5) working days from the receipt of such answer, file a written appeal to the County Manager. Within

fifteen (15) working days of receipt of the written appeal, the County Manager or his/her designee, shall

investigate the grievance which may include a meeting with the concerned parties, and thereafter give

written answer to the grievant within five (5) working days, which answer shall be final and binding

unless, for matters subject to arbitration, within ten (10) working days, the Association notifies the

County Manager of its intention to appeal the matter to arbitration.

19.3. General Provisions

19.3.1. Failure to Carry Forward If a grievant fails to carry his/her grievance forward to the next level within the prescribed time period,

the grievance shall be considered withdrawn with prejudice.

19.3.2. Failure to Respond If a supervisor, manager, Department Head, County Manager, or their designee fails to respond with an

answer within the given time period, the grievant may appeal his/her grievance to the next higher level as

if a negative response had been received on the final day allowed for a management response.

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19.3.3. Representation The grievant(s) may have representation at any level of this procedure.

19.3.4. Waiver of Time Limits Time limits and formal levels may be waived by mutual written consent of the parties.

19.3.5. Service Proof of service shall be by certified mail, e-mail or personal service.

19.3.6. Copy to Association The Association shall receive a copy of all grievances filed at the department head’s level of this

grievance procedure, where such grievance is not being processed by the Association.

19.3.7. Effect of a Grievance The making or filing of a grievance shall not prevent the County, a department head or supervisor or other

authorized person from taking action deemed appropriate, nor shall it have the effect of suspending action

previously taken even though the action may involve or be a part of the subject matter of the grievance.

19.3.8. Advancing to Arbitration No grievance may proceed to arbitration without the signature of the President of the Association.

20. DISCIPLINARY ACTION

20.1. Types of Discipline

Disciplinary action may be imposed upon an employee for just cause, which includes but is not limited to

failing to adequately fulfill his/her responsibilities as an employee and on- or off-duty conduct, which

relates to an employee’s ability to satisfactorily perform his/her job. Examples of the type of disciplinary

action, which may be imposed, include the following:

20.1.1. Oral Reprimand An oral correction addressed to an employee by his supervisor as to the propriety of an employee’s

action(s) or inaction(s).

20.1.2. Written Reprimand A written criticism of an employee’s conduct, usually concerning an infraction of county rules of conduct,

regulations or performance. The reprimand is to be in written form, signed by the employee and the

supervisor. A copy will remain with the supervisor issuing such reprimand, a copy delivered to the

employee, with an additional signed copy to the official personnel file in the County Manager’s Office.

Upon written request of the employee, a copy shall also be forwarded to the Employee’s Association.

Signature by the employee shall not constitute agreement with the criticism but only recognition of the

receipt of the written criticism.

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20.1.3. Disciplinary Leave Without Pay Disciplinary leave without pay means a disciplinary measure providing that the employee receive one or

more days off without pay.

20.1.4. Administrative Leave With Pay There are times during an inquiry into alleged misconduct that it would appear to be in the best interests

of both the County and employee to relieve the employee from duty, pending the outcome of the inquiry.

In the event such Administrative Leave during a period of review is thought to be necessary, such

Administrative Leave shall not cause loss of pay or other privileges attached to the position as an

employee of the County unless later converted to Disciplinary Leave Without Pay. Administrative Leave

With Pay does not comprise a form of discipline in and of itself unless it has been so designated in a

particular case.

20.1.5. Discharge Termination of the services of an employee of Humboldt County for a gross violation of laws, ordinances,

or rules and regulations; or for numerous violations of rules and regulations; or for inability or refusal to

properly perform duly assigned tasks; for substance abuse or other actions which constitute cause for

discharge. Discharge shall be imposed by the department head, and shall be by written notice to the

employee concerned. One copy of such notice shall be delivered to the employee concerned, and one (1)

copy of the appropriate form shall be placed in the employee’s official personnel file in the County

Manager’s Office. Upon written request of the employee, a copy shall also be forwarded to the

Employee’s Association.

20.2. Classifications of Discipline Oral reprimands, written reprimands, suspensions with pay and suspensions without pay for two (2) days

or fewer shall be considered Minor Disciplinary Actions. Suspensions without pay for three (3) days or

longer, disciplinary demotions, and discharges shall be considered Severe Disciplinary Actions.

20.3. Procedure for Imposing and Appealing Minor Disciplinary Actions Minor Disciplinary Actions may only be appealed by an employee who has successfully completed the

initial hire probationary period for the current County employment. The following procedures shall apply

exclusively to Minor Disciplinary Actions except Oral Reprimands, for which there shall be no appeal:

20.3.1. Notice of Action When a supervisor or manager believes it is necessary to impose a minor disciplinary action on an

employee, the supervisor shall notify the employee in writing of his/her decision stating the reason for the

action, the regulations or rules which have been violated, the specific action to be taken, and the effective

date of the action.

20.3.2. Appeal of Minor Disciplinary Action Within five (5) working days from receipt of the written notification, an employee who has received a

written reprimand or short suspension without pay, but believes the discipline is unwarranted may appeal

the action up to Level 3 of the Grievance Procedure (Article 19) of this Agreement for a final decision.

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20.4. Procedure for Imposing and Appealing Severe Disciplinary Actions Severe Disciplinary Actions may only be appealed by an employee who has successfully completed the

initial hire probationary period for their current County Employment. The following procedures shall

apply exclusively to severe disciplinary actions:

20.4.1. Notice of Proposed Action Before taking action to discharge, demote, or suspend a non-probationary unit employee without pay for a

period of five (5) working days or longer, the department head or his/her designee shall serve on the

employee and, upon written request of the employee, the Association, either personally or by certified

mail, the Notice of Proposed Action, which shall contain the following:

A. A statement of the action proposed to be taken.

B. A copy of the charges, including the acts of omissions and grounds upon which the action is

based.

C. If it is claimed that the employee has violated a rule or regulation of the County, department or

district, a copy of said rule shall be included with the notice.

D. A statement that the employee may review and request copies of materials upon which the

proposed action is based.

E. A statement that the employee has five (5) working days to respond to the department head or

his/her designee either orally or in writing. If the employee chooses to reply orally, the employee

is entitled to a meeting with the department head or his/her designee.

20.4.2. Response. The employee upon whom a Notice of Proposed Action has been served shall have five (5) working days

to respond or protest to the department head or his/her designee either orally or in writing before the

proposed action may be taken. Upon application and for good cause, the department head or his/her

designee may extend the time period to respond. Any extensions shall be granted in writing or by e-mail.

20.4.3. Response Meeting If the employee chooses to respond orally, the employee shall be entitled to a personal meeting with the

department head or his/her designee. At such meeting, the employee may be accompanied by an attorney

or Association representative.

20.4.4. Review/Action After complying with the applicable requirements of sections above and having reviewed the employee

response, if any, given pursuant to the Response section above, the department head or his/her designee

may order the discipline or discharge of the employee. Such order shall:

A. Be in writing.

B. State specifically the causes for the action.

C. State the effective date of such action, and

D. Be served on the employee and, upon written request of the employee, the Association, either

personally or by certified mail.

20.4.5. Protest

A non-probationary employee or the Association, on behalf of a non-probationary employee, may protest

severe disciplinary action, which protest shall be considered an appeal and processed in accordance with

Level 3 of Article 19, Grievance Procedure and, thereafter if necessary, through Article 21, Arbitration.

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20.4.6. Sole Remedy

The procedures provided herein are in lieu of any remedy provided by NRS 245.065 for appealing and

resolving protests of disciplinary action.

21. ARBITRATION

21.1. Designation

The parties will attempt to agree upon a professional neutral to serve as an Arbitrator. In the event

agreement cannot be reached to select an Arbitrator, the parties agree to solicit a list of seven (7)

professional neutrals from the FMCS and alternately strike names from such list until one (1) name

remains or follow the procedure required by the agency supplying the list. That remaining person so

selected shall serve as Arbitrator. The party to strike first shall be determined by lot.

21.2. Matters Not Subject to Arbitration Procedure

Proposals to create, add to, or change this written agreement or addenda supplementary hereto shall not be

grievable nor submitted to an Arbitrator and no proposal to modify, amend, or terminate a negotiated

agreement, nor any matter or subject arising out of or in connection with such proposal, may be referred

to this process.

21.3. Rules of Evidence

Strict rules of evidence shall not apply.

21.4. Privacy of Hearings

All hearings held by an arbitrator shall be closed sessions and no news releases shall be made concerning

progress of the hearings.

21.5. Authority of Arbitrator

Decision of an Arbitrator on matters properly before him/her shall be final and binding on the parties. No

Arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute

involves an eligible employee in this represented unit and unless such dispute falls within the definition of

a grievance as set forth in Article 19, Grievance Procedure, or is an appeal from severe disciplinary

action, and has been processed in accordance with all provisions thereof and herein. The Arbitrator’s

authority shall be limited only to the application and interpretation of the provisions of this negotiated

agreement.

21.6. Costs

The fees and expenses of the Arbitrator and of a court reporter, if used, shall be shared equally by the

employee organization or the grievant, if the grievant is not represented by the Association, and the

County. Each party, however, shall bear the cost of its own presentation including preparation and post-

hearing briefs, if any. Provided, however, if either party rejects the Arbitrator’s decision as evidenced by

overturning it or seeking relief in Court to have it vacated or modified, that party shall assume full

responsibility for all jointly incurred costs of the Arbitrator process. For the purposes of this section the

parties shall be considered as either: the County and the Employees Association or, if a grievant is not

represented by the Association, the County and the grievant(s). The Association agrees to indemnify and

hold the County harmless from any claims, awards and/or judgments resulting from the failure of the 100


Association or any of its principals in meeting and/or satisfying any costs assigned by a responsible third

party authority under the terms, rights and obligations of this Article 21.

22. PERSONNEL FILES

22.1. Review and Release of Information

Each employee shall have the right, upon written request, to review the material in his or her own

personnel file during duty hours. A representative chosen by the employee may, at the employee’s

request, accompany the employee in this review. Materials shall be released only for the purpose of

processing grievances and for County legal documentation, except when written consent is given by the

employee or when required by law.

22.2. Placing Material in File

All material in the file must be signed by the source of the material and dated. No anonymous letters or

material shall be placed in a personnel file.

22.3. Review of Written Statements by Employee

No written statement related to the employee’s assigned duties or responsibilities shall be placed in the

employee’s personnel file until after the employee has had an opportunity to review it. The employee will

be allowed to attach a written response to any notice of discipline placed in his/her file.

22.4. Copies of Personnel File

An employee will, on written request to the County Manager, receive copies of all materials in his/her

personnel file. The County may assess a reasonable fee for providing such copies.

22.5. Comments from the Public

Comments from the public shall be placed in an employee’s personnel file only if the comment is an

attachment to documentation of performance prepared by a County supervisor or manager.

23. LAYOFF PROCEDURE

23.1. Positions to be Eliminated

If the County determines the need for a reduction in its work force, written notice of not less than two (2)

weeks shall be provided to regular employees to be laid off. The County will determine the positions to

be eliminated and the employees to be laid off within each affected job class. The County’s

determination shall be based on consideration of performance, qualifications and seniority within the job

class within the affected department.

23.2. Order of Layoff

Initially the County shall consider employees for layoff using the criteria of performance, qualifications

and seniority within the job class and department. When selecting which employee will be laid off, the

County will review the qualifications of the employees in the affected job class. If the County finds:

A. The employee has qualifications not possessed by another employee and

B. The qualifications are needed by the department, then the County may layoff other employee(s).

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Qualifications to be considered shall include knowledge, skill, ability, licenses, and certificates required

for job functions to be assigned to the remaining staff, as well as previous experience in performing the

essential functions and job performance. Job performance shall be determined on the basis of the

employee’s record of job performance as documented in the employee’s personnel file.

23.3. Layoff Appeal Procedure

23.3.1. Notice of Appeal

In the event that an employee who has been laid off out of seniority order believes the decision based

upon performance and qualifications is incorrect, the employee may request that the Association appeal

the County’s determination. If the Association finds there is reason to believe that the County has erred in

its decision, it may appeal through the process set forth in this article. Such appeal shall be filed with the

County Manager within five (5) working days of delivery of the layoff notice to the employee.

23.3.2. Appeal Review Committee

When an appeal is filed, the Association shall appoint two persons to serve on a review committee at the

time of the appeal. The County shall then appoint two persons to the committee. Each of the persons

appointed to the committee shall, to the extent possible, be familiar with either the work of the department

or of the job class from which layoff is to be made. The committee shall meet within five (5) days of

delivery of the notice of appeal to the County. It shall review the basis for the County’s layoff decision

and the reasons the employee believes the decision is in error. The committee shall then by majority vote

determine whether the County decision was reasonable and on that basis either confirm or reject the

County’s decision. If the committee cannot reach agreement regarding the County’s decision regarding

order of layoff, it shall within three (3) days of its initial meeting, request the participation of a federal or

other mutually acceptable mediator. The services of the mediator will be jointly requested by the County

and the Association on an urgent basis. The mediator will seek to achieve a consensus decision among

the committee members. If no decision is reached the mediator shall become a voting member of the

committee. The determination of the committee regarding the appropriate order of layoff shall be final

and binding and may not be grieved or appealed.

23.4. Recall Rights

Laid off employees will have a right to return to a vacancy in the same class and department from which

they were laid off. Recall shall be in inverse order of layoff. No probationary period shall be required.

23.4.1. Recall List

Employees shall remain on a recall list for two years following the date of layoff provided, however, laid

off employees shall be removed from the recall list if:

A. They accept recall to a position in a class at the same salary range as the position from which they

were laid off, or

B. They decline appointment to a position in the same department and in a class at the same salary

range as the position from which their layoff occurred, or

C. They fail to report for duty within fifteen (15) calendar days of mailing of notice of recall to

County employment.

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23.4.2. Recall Notice

Notice of recall or available position may be made in person or by U.S. Mail, return receipt requested. It

is the responsibility of each laid off employee to notify the County Manager’s Office of his/her current

address.

23.4.3. Recall to Other Vacant Positions

When there is no one on a recall list for the department and class in which a vacancy exists, those on the

recall list shall be considered for the vacancy before any other applicant is considered for appointment

when the following conditions exist:

A. Temporary work within the job class or for which the laid off employee is qualified - Work shall

be offered to the laid off employee.

B. Vacant position at the same or lower range and in the same department from which the employee

was laid off - Position shall be offered to the laid off employee, subject to completion of a

probationary period, if the employee meets the qualifications for hire; and

C. Vacant position at the same or lower range but in a different department from which the

employee was laid off - Employee shall be considered for the position and may be offered the

position, subject to completion of a probationary period, if qualified.

D. An employee who fails to meet the probationary period prescribed by this section of the

Agreement will be returned to layoff status.

24. PEACEFUL PERFORMANCE

24.1. Prohibitions

The parties to this Agreement recognize and acknowledge that the services performed by the County

employees covered by this Agreement are essential to the public health, safety, and general welfare of the

residents of the County of Humboldt. Association agrees that under no circumstances will the

Association recommend, encourage, cause or permit its members to initiate, participate in, nor will any

member of the bargaining unit take part in, any strike, sit-down, stay-in, sick-out, slow-down or picketing

in connection with a labor dispute (hereinafter collectively referred to as work-stoppage), in any office or

department of the County, nor to curtail any work or restrict any production, or interfere with any

operation of the County. In the event of any such work stoppage by any member of the bargaining unit,

the County shall not be required to negotiate on the merits of any disputes which may have given rise to

such work stoppage until said work stoppage has ceased.

24.2. Responsibilities of Association

In the event of any work-stoppage, during the term of this Agreement, whether by the Association or by

any member of the bargaining unit, the Association by its officers, shall immediately declare in writing

and publicize that such work-stoppage is in violation of law and this Agreement and is unauthorized, and

shall further direct its members in writing to cease the said conduct and resume work. Copies of such

written notice shall be served upon the County. In the event of any work-stoppage and the Association

promptly and in good faith performs the obligations of this paragraph, and providing the Association had

not otherwise authorized, permitted or encouraged such work-stoppage, the Association shall not be liable

for any damages caused by the violation of this provision. However, the County shall have the right to

discipline, to include discharge, any employee who instigates, participates in, or gives leadership to, any

103


work-stoppage activity herein prohibited, and the County shall have the right to seek full legal redress,

including damages, as against any such employee.

25. FULL UNDERSTANDING, MODIFICATION AND WAIVER 25.1. Full Understanding

It is intended that this Agreement sets forth the full and entire understanding of the parties regarding the

matters set forth herein and all other topics subject to bargaining, and therefore any other prior or existing

understanding or agreement by the parties, whether formal or informal, written or unwritten, regarding

such matters are hereby superseded or terminated in their entirety.

25.2. No Interim Bargaining

It is agreed and understood that during the negotiations which culminated in this Agreement each party

enjoyed and exercised without restraint, except as provided by law, the right and opportunity to make

demands and proposals or counter-proposals with respect to any matter subject to bargaining and that the

understandings and agreements arrived at after the exercise of that right are set forth in this Agreement.

The parties agree, therefore, that the other shall not be required to negotiate with respect to any subject or

matter, whether referred to or not in this Agreement.

25.3. Modification

Any agreement, alteration, understanding, waiver or modification of any of the terms or provisions

contained in this Agreement shall not be binding on the parties unless made and signed in writing by all

of the parties to this Agreement, and if required, approved and implemented by the department head

and/or the Board of County Commissioners.

25.4. Waiver

The waiver of any breach, term or condition of this Agreement by either party shall not constitute a

precedent in the future enforcement of all its terms and provisions.

26. SAVINGS

If any provisions of this Agreement are held to be contrary to law by a court of competent jurisdiction,

such provision will not be deemed valid and subsisting except to the extent permitted by law, but all other

provisions will continue in full force and effect.

104


27. TERM OF AGREEMENT

The County and the Association agree that the term of the Agreement shall commence on July 1, 2018

and expire at midnight on June 30, 2020. The County may reopen this agreement to renegotiate during its

term to address a “fiscal emergency” in accordance with the requirements of NRS 288.150(4). Unless

otherwise noted herein, any changes caused by the approval of this agreement shall be prospective.

FOR THE COUNTY: FOR THE ASSOCIATION:

________________________ ________________________

Ron Cerri, Betty Lawrence

Chairperson President

Board of Commissioners Humboldt County Employees

Humboldt County Association

Dated: _______________ Dated: ______________

105


Appendix Appendix A – Humboldt County Range Assignments by Classification

HCG 13

o Library Assistant

o Office Assistant

HCG 15

o Administrative Clerk I

o Custodial Worker

o Facilities Attendant

o Maintenance Worker

o Road Maintenance Worker

HCG 16

o Library Technician

o Mechanic I

o Water/Wastewater Specialist I

HCG 17

o Library Specialist – Community

HCG 18

o Maintenance Engineer Trainee

o Senior Library Technician

o Senior Library Technician - Bookmobile

HCG 19

o Administrative Clerk II

o Child Support Caseworker I

o Detention Center Control Room Operator

o Justice Court Clerk I*

HCG 20

o Accounting Technician I

o Administrative Clerk III

o Drafting Technician Trainee

o Fairgrounds Attendant

o Legal Secretary I

HCG 21

o Administrative Clerk IV

o Appraisal Data Collector

o Appraiser Trainee

o Building Inspector I

o Library Specialist – Bookmobile

o Permit Technician

o Planning Technician

o Technical Specialist

o Volunteer & Events Specialist

o Justice Court Clerk II*

HCG 22

106


o Accounting Technician II

o Administrative Specialist

o Child Support Caseworker II

o Justice Court Clerk III*

o Legal Secretary II

o Library Specialist

o Road Maintenance Equipment Operator

o Technology Support Technician I

o Water/wastewater Specialist II

HCG 23

o Accounting Technician III

o Building Inspector II

o Corrections Cook

o Deed & Title Review Specialist

o Maintenance Engineer

o Marketing & Sales Coordinator

o Marketing & Special Event Coordinator

o Mechanic II

o Personal Property Appraiser I

o Plans Examiner

o Senior Planning Technician

HCG 24

o Central Control Operation Supervisor

o Facilities Attendant Supervisor

o Fairgrounds Attendant Supervisor

o Legal Secretary III

o Road Maintenance Supervisor

o Mechanic Supervisor

o Technology Support Technician II

o Senior Water/wastewater Specialist

HCG 25

o GIS Technician

o Personal Property Appraiser II

HCG 26

o Appraiser

o Communications Technician I

o Technology Network Engineer I

HCG 27

o Building Inspector III

o Child Support Supervisor

HCG 28

o Communications Technician II

o Justice Court Administrator

o Legal Office Supervisor**

HCG 29

o Communications Technician III

o Technology Network Engineer II 107


HCG 312

o

o Dispatcher Trainee

HCG 326

o Dispatcher

HCG 346

o Dispatch Supervisor

*Ineligible for membership in the Humboldt County Employees Association

**District Attorney’s Office Employee

Note: County Manager’s Office and Comptroller/Auditor’s Department staff are confidential.

108


Appendix B – Consanguinity/Affinity Chart

INSTRUCTION:

For Consanguinity (relationship by blood) calculations:

Place the public officer/employee for whom you need to establish relationships by consanguinity in the

blank box. The labeled boxes will then list the relationship by title to the public officer/employee and the

degree of distance from the public officer/employee.

Anyone in a box numbered 1, 2, or 3 is within the third degree of consanguinity.

For Affinity (relationship by adoption, marriage or domestic partnership) calculations:

Place the spouse or domestic partner of the public officer/employee for whom you need to establish

relationships by affinity in the blank box. The labeled boxes will then list the relationship by title to the

spouse or domestic partner and the degree of distance from the public officer/employee by affinity.

Spouses are related in the first degree of affinity by marriage and domestic partners are related in the first

degree of affinity by domestic partnership. For adoption and other relationships by marriage or domestic

partnership, the degree of relationship is the same as the degree of underlying relationship by blood.

109

Agenda Item No:10.A

Humboldt County Board of Commissioners Agenda Item ReportMeeting Date: October 15, 2018Submitted by: Dave MendiolaSubmitting Department: Item Type: Administrator’s ReportAgenda Section: BUILDINGS & GROUNDS CAPITAL PURCHASES (FOR POSSIBLE ACTION)

Subject:B&G: Capital Purchases

Suggested Action:

Attachments:Cap Purch Pkg-Wash Mach-for App and Sig.pdf

Memo and attachment.pdf

110

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/252142/Cap_Purch_Pkg-Wash_Mach-for_App_and_Sig.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/252143/Memo_and_attachment.pdf

□

□

□

CHECKLiST FOR PURCHASiNG CAPiTAL ASSETS(OR ANY CONTRACrS)

Humboldt County's capital assets are those assets that have a useful ife of over one year

and a cost of S5,000 or more

Asset Description REPLACE WASHING MACHINE

Budgeted Amount S12,30000

Fund 100‐009‐ 55301

Line ltem Capital Outlay1 Check your budget to make sure the specific asset was approved in the budget process. lf your're

unsure contact the Comptroller's office.

2 Contact District Attorney (Wendy Maddox) via email with project details to ascertain specific

requirements per NRS 332 (See below)

3 NRS 332.039 (Circle appropriate requirement/exception below)

a. Over 550,000 RFP must be advertised in a newspaper at least once and not less

than 7 days before bid openingb. Over 525,000 but not more that 550,000 request for bids must be to two or more

persons capable of performing the contractc. All bids including unsuccessful bids must be retained for 7 years after date of execution of

the contractd. Exceptions to requirements for competitive bidding:

List NR5:

List Specific Reason:

DA's Office Signature

国

□

□

tr 4 Fileall procurement documentation with the Administrator's office (ie. All bids, proofofpublication and this checklist).

Date received by Admin

5 Go before the Commissioners and get final purchase approval for all capital assets .

of S25,0OO or more before purchasing. /U - /J- //Date of commission approval

6 Submit voucher to Administrator for signature.

Date voucher approved by Admin

7 Submit a copy of this checklist with the voucher and invoice for payment to theComptroller's office.

ガ

山

雉 /

Signature of Purchaser (Department Head)(By signing this document you attest to the fact that you

have followed the above Humboldt County CapitalAssetpurchasing procedures)

111

HUMBOLDT COUNTY,NEVADA

Pay To: LAUNDRY SYSTEMS OF NV lNC. PO #

Address 1217 GATORヽ ′́AYSPARKS,NV 89431

Vendor # 786

Fund# 100

Dept# 09

Dept Name BUILDING&GROUNDS775‐322-5481

CuSTOMER:D#HU6415^#

lnvoice # lnvoice Description Dept # Expense Acct # Amount

94208

''''FOR FISCAL YEAR 2018 2019'・・' 1 09 : 52088

UNIMAC 65″ WASHER EXTRACTOR

」AIL DETENT10N CENTER

$1226900

lnvoice # lnvoice Descdption Oept # Expense Acct # Amount

lnvoice # lnvoice Description Dept″ Expense Acct # Amount

E

TOTAL S12,26900

I certify that the foregoing claim iscorrect and just; that the articlesspecified have been received by theproper officials of the County, the Courtsand/or Special Districts, or the servicesstated have been performed; and thatthey were necessary.

COUNTY COMM:SS:ON APPROVAL

Chairman

For Comptroller Use On

Autho「 zed S19nature

9′28′2018

I :

112

Laundry Systems of Nevada, lnc.121 7 Gatorヽ測aySparks,NV 89431

Voicei 775-322-5481

Fax: 775-322-9425

I HUMBOLDttCO∪ NIY DEIEN丁10N CttR801巨 FAIRGROUNDS RD

94208

Sep 12,2018

1

炒鼈褪鍼鑢隋晰lnvoice Number:lnvoice Date:

Page:

Duplbate

801巨 FAIRGROUNDS RD1/VINNEMUCCA,NV 89445

HUMBOLDT CO∪NTY DEttEN丁 10N CttR

801 E FAIRGRO∪NDS RDVVINN巨 :JUCCA,NV 89445

100

100

34000

100

UN卜UWT065D40MX050E

LABORSVC―M:LEAGE

UNIMAC 65#WASHER EXTRACttORSER!AL 1808054048

LABOR/TRAN/EL/INSTALLA丁 10N/SEtt UP

MILEAG巨

丁RAD巨 IN OLD EQUIPMEN丁

12,314.00

1,60000

1002,50000

12,314

1,60000

34000…2,50000

Total lnvoice Amount

Check/Credt Memo No:

PAST DUE!NVOICttS ARE SUB」巨C丁丁O LATE CHARGE OF1 5%PER MONTH

13護|=IT01

Custom疇‐ri静‐ C●stomOIIPO

S,le,RI1lpll l l ‐‐|‐ | |‐ |.,い,p.|:い01獨ethOd .■■■‐111 ‐Sい ip.IDa■|

113

躍 OPOSA二

LAUNDRY SYSTEMS OF NEVADA,INC.1217 GATOR WAY

SPARKS,NEVADA 89431(775)322‐5481

Fax(775)322-9425

1)roposal Subnlitted To:

Humboldt COunサ Jail

Street

801 EAST FAIRGROUNDS RD.Ciり ,State and zip Code

VヽINNEMUCCA,NV 89445

ATTN:Inoc

Ph01lC Date

775‐623-6455 or 775… 247-7206 March 5,2018FAX:775-623-6456

撃翼 Ⅷ :t守 1ビ」ぶ ::Ⅷ ∬

Юr∞威ЮL“0"Spray"wmy面“e"面 p画宙わnК」、3蘇m∝

Specd,208-240v/60/1 or 3 phase.

List Pricc s16,418.00 Your Price S12,314.00

Freight 515.00Labor&Travel l,600.00

Mibage 340 0$1 00 a milc 340.00

S14,769.00TradcJn dd cquゎment(2.500.00)

S12,269.00

1nstanation:Includcs Deliveり,removing 01d、 vasher,set,lcvel,anchor,grout,and cOnnect the utilities.

Warranty: Threc years parts entire machinc

Five ycars basket,shaft,bearings,and seal

LabOr six lnonths

to firrnish material in accorclance with above

ま 'ε″ ケ

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]f?fダ ?′θ31■ ■ :L ABOVE PttcES,sPECiHcAnON〔;~

ANI)c‐oNDIIIoNS ARE SATISFACTORY AND ARI HEREBY ACCEPlドD

Note: This proposal may be u.ithdrawn by us ifnot accepted wrthirr 30 days

Dalc ofaccephnce_

for the sum of: $1Payment to be made as tbllous:

'{ll matcrial is guaranteed to be as specified. ,Ail work to be compreted in a rvorkmanlike,11:[:_T"_:.r.d_]rg t1 srllfara pracrices. Any atreration or deviarion fionr above ,p..tt.uri.,n,-rnvorvlng cxlra cost rriil be execulcd onry upon written orders, and wilr becomc an extrac'arge over and abovc the estimatc. nll agreemcnts aor,r!"ui upon stnkes. accidenlsor delay's beyond our contror. owncr to carr1, firc. tomado InJ otn*. nccessan. insuran<;e.our *orkers are fully covored by Workmani Cn,trp"*Ln firrrn.,..

AuthorizedSignature

S ignature

Signature

114

MEMO

TO: Humboldt County Manager

DATE: September 9,2018

SUBJECT: New Washing Machine for Adult Detention Center

I am sending this memo to explain why I did not obtain two quotes for the above referenced.First, I am attempting to keep purchases local when I can. Second, I was only able to find onevendor, from the Reno/Sparks area, that sells the model of washing machine that was purchased.This model washing machine was purchased because it is the same as the others at the detentioncenter and allows standardization of the machinery being used. It also enables the purchasing ofreplacement parts to be used for all washing machines not just one of them and enables staff thatmaintains the washing machines to do so more efficiently since they are all the same and no newtraining/learning required for same. Lastly, I did send a request for a quote through a Utahcompany's website, but my request was never responded to and I was able to find an onlinelisting, on Appliance Connection website, for this model washing machine but the price washigher than the purchase price from the Sparks Vendor (see attached print out of online listing).

llPage

115

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117

Agenda Item No:12.A

Humboldt County Board of Commissioners Agenda Item ReportMeeting Date: October 15, 2018Submitted by: Dave MendiolaSubmitting Department: Item Type: Administrator’s ReportAgenda Section: PROCLAMATION: DOMESTIC VIOLENCE AWARENESS MONTH 2018 (FOR POSSIBLEACTION)

Subject:PROCLAMATION: DOMESTIC VIOLENCE AWARENESS MONTH 2018 (FOR POSSIBLE ACTION)

Suggested Action:

Attachments:2018 Domestic Violence Awareness Month.pdf

118

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/251645/2018_Domestic_Violence_Awareness_Month.pdf

SUMMARY: A RESOLUTION PROCLAIMING THE MONTH OF OCTOBER 2018 AS DOMESTIC VIOLENCE AWARENESS MONTH RESOLUTION NO: ________ WHEREAS, over 20 years ago, our Nation came together to declare our commitment to end violence against women. The Violence Against Women Act written by the United States Senator Joe Biden and signed into law on September 13, 1994, changed the way our country responds to domestic abuse and sexual assault. At a time when many considered domestic abuse to be a private family matter and victims were left to suffer in silence, this law enshrined a simple promise: every American should be able to pursue her or his own measure of happiness free from the fear of harm. WHEREAS: domestic violence is an unspeakable offense against human dignity that shatters lives and families, and can cause lifelong feelings of hopelessness and despair, and WHEREAS, across America, an estimated 4.8 million cases of domestic violence occur each year, and at its most tragic level, kills an average of more than three women each day; and WHEREAS, Nevada has consistently ranked in the top 5 nationally for female homicides; and WHEREAS, more than 7 million children live in homes in which severe domestic violence occurs and national surveys state that 50% of the men who assaulted their partners also assaulted their children; and WHEREAS, 1 in 10 men in the U.S. have experienced physical violence, rape, and/or stalking by a partner; and WHEREAS, only a coordinated community effort will put a stop to this heinous crime; and WHEREAS, Domestic Violence Awareness Month provides an excellent opportunity for citizens to learn more about preventing domestic violence and to show support for the numerous organizations and individuals who provide critical advocacy, services, and assistance to victims. NOW THEREFORE, the Humboldt County Board of Commissioners hereby proclaims October 2018 as

119

“DOMESTIC VIOLENCE AWARENESS MONTH” and urges all citizens to actively participate in the scheduled activities and programs working toward the elimination of personal and institutional violence. ADOPTED this 15th day of October, 2018 By: THE BOARD OF COUNTY COMMISSIONERS OF HUMBOLDT COUNTY _________________________________ Ron Cerri, Chairman Attest: __________________________ Tami Rae Spero, County Clerk

120

Agenda Item No:13.A

Humboldt County Board of Commissioners Agenda Item ReportMeeting Date: October 15, 2018Submitted by: Dave MendiolaSubmitting Department: Item Type: Administrator’s ReportAgenda Section: LETTER OF SUPPORT FOR GRANT FROM NEVADA OFF-HIGHWAY VEHICLESPROGRAM (FOR POSSIBLE ACTION)

Subject:Support Letter

Suggested Action:

Attachments:2018-10-03 NNRTV Grant Support Letter.pdf

121

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/251647/2018-10-03_NNRTV_Grant_Support_Letter.pdf

October 15, 2018

State of Nevada Off-Highway Vehicles Program Attn: Jenny Scanland 901 South Stewart Street, Suite 1003 Carson City, Nevada 89701

To whom it may concern:

On behalf of Humboldt County, I would like to offer our support of Northern Nevada ATV Association (NNATVA) request for funding from the Nevada Off-Highway Vehicles Program to support their request for a grant.

NNATV’s hoping to clean up the sand dunes area on US95 along with the local BLM by installing a vault toilet, picnic tables, and shade structures with a grant from the Off Highway Vehicle program. These additions are in line with the County’s Strategic Plan to enhance our community and promote economic development. With these improvements it will help keep the area clean and family friendly.

The Humboldt County Board of Commissioners is proud to offer its support for Northern Nevada ATV Association and hope you will continue to fund great programs in this area!

Sincerely,

Ron Cerri, Chairman Humboldt County Board of Commissioners

122

humboldt county board of commissioners october 15, 2018 ... · 9:30 am: humboldt county courthouse...

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